Howard v. Department of Transportation

Benham, Judge.

Pursuant to OCGA § 32-3-4, appellee Department of Transportation (DOT) filed a proceeding in rem, seeking condemnation of .019 acres of land in Sumter County. In its petition, DOT listed appellant Howard, Wayne Poole, Bennie Whittle, Janis Dixon Baldwin, and Southwestern Railroad Company as owners of the tract of land. The petition and declaration of taking were served upon appellant, Whittle, and Baldwin on October 17, 1985, upon Southwestern Railroad on October 18, and upon Poole on October 22. The railroad filed a pleading it labeled an “answer” on November 11, noting a…