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Eagle's Landing Christian Church Inc. v. Henry County Ga.

A church's answer to a declaration of condemnation could not be construed as a timely notice of appeal because stating that the church was without sufficient knowledge of the allegations did not constitute an expression of dissatisfaction with the proposed amount of compensation, as required by O.C.G.A. § 32-3-14.

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Eagle’s Landing Christian Church, Inc. “the Church”, appeals from the trial court’s order dismissing the Church’s answer to a declaration of condemnation filed by Henry County. Although noting its displeasure at the result, the trial court dismissed the answer on the basis that the Church’s document could not be construed as a timely notice of appeal filed pursuant to OCGA §2-3-14 because the Church failed to include some expression of dissatisfaction with the proposed amount of compensation, as required under the statute. In support of its order, the trial court relied upon this Court’s holding in Lopez-Aponte v. City of Columbus .1 The Church now appeals, contending that the dismissal order was erroneous because it was based on a hyper-technical procedural argument, and the answer demanding a jury trial was sufficient to provide notice to the County that the Church was dissatisfied with the condemnation award and should be construed as a notice of appeal as required by OCGA §We disagree and affirm for the reasons that follow.

“This question is one of law, and we therefore apply the plain legal error standard of review.”2 When bringing a condemnation proceeding under OCGA § 32-3-1 et seq., the condemnor is required to file a petition and declaration of taking, which is self-executing in nature.3 A condemnee, however, may file within 30 days of service either a petition challenging as improper the declaration or may file within 30 days of service a notice of appeal challenging the amount of compensation offered by the condemnor.4

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