CITATION
IN THE SUPERIOR COURT OF
WHITE COUNTY
GEORGIA
DEPARTMENT OF TRANSPORTATION
VS.
2.245 acres of land; and certain easement rights; and DLZ Properties LLC; and Gold 'N Gem Grubbin' Inc., individually
DOCKET NO. SUCV2026000181-RG
IN REM _______________
The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, ownership, equity, claim or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of ways and easements in, across, over and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated viding for the exercise of the power of eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows:
That the above stated case, being a condemnation in rem against the property hereinafter described, was filed in said Court on the 24th day of April, 2026; That, in accordance with provisions of the aforesaid Official Code, a Declaration of Taking, duly authorized and properly executed as provided by the Official Code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for State-aid public road purposes, thereby vesting the title to same in the Department of Transportation; and, in pursuance of such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $81,300.00 as the just compensation for the said lands described; and all persons claiming such fund or any interest therein, are hereby required to make known their claims to the Court;
In accordance with the provisions of the Official Code of Georgia Annotated, the Plaintiff-Condemnor has prayed the Court for Immediate possession of said property, and all persons having any interest in or claim against such property, as above set forth, are required by the Order of the Judge of said Court to surrender possession of the property to the Department of Transportation no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-19, if the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the fund into Court but not later than 30 days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10 to file with the Court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.
The said property, as thus affected, is described as follows:
SEE PAGES 20-A, 20-B, 20-C, 20-D and 20-E FOR DESCRIPTION
This 24th day of April, 2026.
/s/ Dena M. Adams
Clerk Superior Court
WHITE COUNTY
P. I. NO.: 0016592 WHITE COUNTY
PARCEL NO.: 2
DATE OF R/W PLANS: March 28, 2024
REQUIRED R/W: 2.245 acres of land; and certain easement rights;
PROPERTY OWNERS:
DLZ Properties, LLC; and Gold 'N Gem Grubbin Inc., et al.
RIGHT OF WAY
ALL THAT TRACT or parcel of land lying and being in Land Lot 33, 1st District, White County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 40.35 feet left of and opposite Station 10+00.00 on the construction centerline of CR200/Town Creek Road on Georgia Highway Project No. 0016592; running thence N23°07'40.7"W a distance of 39.65 feet to a point 80.00 feet left of and opposite station 10+00.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N66°52'19.3"E a distance of 36.17 feet to a point 80.00 feet left of and opposite station 10+36.17 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 79.94 feet along the arc of a curve (said curve having a radius of 5780.00 feet and a chord distance of 79.94 feet on a bearing of N67°16'05.7"E) to the point 80.00 feet left of and opposite station 11+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N22°20'07.9"W a distance of 20.00 feet to a point 100.00 feet left of and opposite station 11+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 101.75 feet along the arc of a curve (said curve having a radius of 5800.00 feet and a chord distance of 101.75 feet on a bearing of N68°10'01.4"E) to the point 100.00 feet left of and opposite station 12+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S21°19'49.3"E a distance of 20.00 feet to a point 80.00 feet left of and opposite station 12+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 152.11 feet along the arc of a curve (said curve having a radius of 5780.00 feet and a chord distance of 152.10 feet on a bearing of N69°25'24.7"E) to the point 80.00 feet left of and opposite station 13+65.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N19°49'21.2"W a distance of 6.00 feet to a point 86.00 feet left of and opposite station 13+65.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 400.96 feet along the arc of a curve (said curve having a radius of 5786.00 feet and a chord distance of 400.88 feet on a bearing of N72°09'45.6"E) to the point 86.00 feet left of and opposite station 17+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N15°51'07.5"W a distance of 20.00 feet to a point 106.00 feet left of and opposite station 17+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 178.47 feet along the arc of a curve (said curve having a radius of 5806.00 feet and a chord distance of 178.47 feet on a bearing of N75°01'42.8"E) to the point 106.00 feet left of and opposite station 19+35.21 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N75°54'33.0"E a distance of 24.79 feet to a point 106.00 feet left of and opposite station 19+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N14°05'27.0"W a distance of 14.00 feet to a point 120.00 feet left of and opposite station 19+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD;
Parcel No. 2 20-A.
RIGHT OF WAY - continued:
thence N75°54'33.0"E a distance of 168.03 feet to a point 120.00 feet left of and opposite station 21+28.03 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N32°30'06.3"E a distance of 25.84 feet to a point 137.76 feet left of and opposite station 21+46.81 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S87°37'46.5"E a distance of 14.36 feet to a point 133.69 feet left of and opposite station 21+60.58 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S43°29'37.9"E a distance of 15.71 feet to a point 120.00 feet left of and opposite station 21+68.29 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N75°54'33.0"E a distance of 67.92 feet to a point 120.00 feet left of and opposite station 22+36.21 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S36°47'06.9"E a distance of 75.02 feet to a point 50.79 feet left of and opposite station 22+65.16 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S04°48'23.9"E a distance of 28.51 feet to a point 22.66 feet left of and opposite station 22+60.56 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S44°29'50.0"E a distance of 117.00 feet to a point 78.25 feet right of and opposite station 23+19.78 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S66°52'50.8"W a distance of 30.89 feet to a point 83.10 feet right of and opposite station 22+89.27 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S68°36'59.2"W a distance of 33.48 feet to a point 87.35 feet right of and opposite station 22+56.07 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S65°28'41.5"W a distance of 20.26 feet to a point 91.02 feet right of and opposite station 22+36.14 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S69°45'34.2"W a distance of 12.41 feet to a point 92.35 feet right of and opposite station 22+23.81 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S75°01'03.8"W a distance of 64.97 feet to a point 93.36 feet right of and opposite station 21+58.85 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S77°11'30.8"W a distance of 44.58 feet to a point 92.36 feet right of and opposite station 21+14.28 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N37°31'12.0"W a distance of 34.04 feet to a point 61.13 feet right of and opposite station 21+00.74 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N58°52'54.0"W a distance of 34.13 feet to a point 36.90 feet right of and opposite station 20+76.70 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N75°16'38.0"W a distance of 42.00 feet to a point 16.66 feet right of and opposite station 20+39.90 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N84°33'19.0"W a distance of 113.91 feet to a point 21.43 feet left of and opposite station 19+32.56 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N89°36'11.7"W a distance of 167.57 feet to a point 65.71 feet left of and opposite station 17+72.16 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S88°31'10.6"W a distance of 59.97 feet to a point 80.76 feet left of and opposite station 17+14.85 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S72°34'59.7"W a distance of 138.93 feet to a point 79.74 feet left of and opposite station 15+77.85 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S54°46'44.5"W a distance of 204.51 feet to a point 21.43 feet left of and opposite station 13+83.54 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S74°33'20.5"W a distance of 23.78 feet to a point 23.22 feet left of and opposite station 13+59.92 on said construction centerline laid out for CR200/TOWN CREEK RD;
Parcel No. 2 20-B.
RIGHT OF WAY - continued:
thence S74°44'56.3"W a distance of 98.83 feet to a point 32.03 feet left of and opposite station 12+61.96 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S71°16'32.8"W a distance of 89.38 feet to a point 36.06 feet left of and opposite station 11+73.20 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S68°51'35.2"W a distance of 170.68 feet to a point 40.32 feet left of and opposite station 10+03.47 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S67°26'53.6"W a distance of 3.47 feet back to the point of beginning.
Said tract containing 2.245 acres, more or less.
FENCE EASEMENT
ALL THAT TRACT or parcel of land lying and being in Land Lot 33, 1st District, White County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 50.09 feet left of and opposite Station 9+95.10 on the construction centerline of CR200/Town Creek Road on Georgia Highway Project No. 0016592; running thence N23°07'40.7"W a distance of 34.91 feet to a point 85.00 feet left of and opposite station 9+95.16 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 5.00 feet along the arc of a curve (said curve having a radius of 2576.04 feet and a chord distance of 5.00 feet on a bearing of N66°48'59.1"E) to the point 85.00 feet left of and opposite station 10+00.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N66°52'19.3"E a distance of 36.17 feet to a point 85.00 feet left of and opposite station 10+36.17 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 75.01 feet along the arc of a curve (said curve having a radius of 5785.00 feet and a chord distance of 75.01 feet on a bearing of N67°14'36.5"E) to the point 85.00 feet left of and opposite station 11+10.07 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N22°20'07.9"W a distance of 20.00 feet to a point 105.00 feet left of and opposite station 11+10.09 on said construction centerline laid out for CR200/TOWN CREEK RD; thence northeasterly 90.71 feet along the arc of a curve (said curve having a radius of 5805.00 feet and a chord distance of 90.71 feet on a bearing of N68°03'46.0"E) to the point 105.00 feet left of and opposite station 11+99.16 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S29°22'07.3"E a distance of 5.05 feet to a point 100.00 feet left of and opposite station 11+99.84 on said construction centerline laid out for CR200/TOWN CREEK RD; thence southwesterly 86.33 feet along the arc of a curve (said curve having a radius of 5800.00 feet and a chord distance of 86.33 feet on a bearing of S68°05'27.1"W) to the point 100.00 feet left of and opposite station 11+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S22°20'07.9"E a distance of 20.00 feet to a point 80.00 feet left of and opposite station 11+15.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence southwesterly 79.94 feet along the arc of a curve (said curve having a radius of 5780.00 feet and a chord distance of 79.94 feet on a bearing of S67°16'05.7"W) to the point 80.00 feet left of and opposite station 10+36.17 on said construction centerline laid out for CR200/TOWN CREEK RD;
Parcel No. 2 20-C.
FENCE EASEMENT - continued:
thence S66°52'19.3"W a distance of 36.17 feet to a point 80.00 feet left of and opposite station 10+00.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S23°07'40.7"E a distance of 30.10 feet to a point 49.90 feet left of and opposite station 10+00.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S69°02'15.3"W a distance of 5.00 feet back to the point of beginning.
Said tract containing 0.030 acres, more or less.
TEMPORARY DRIVEWAY EASEMENT
ALL THAT TRACT or parcel of land lying and being in Land Lot 33, 1st District, White County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 86.00 feet left of and opposite Station 17+08.78 on the construction centerline of CR200/Town Creek Road on Georgia Highway Project No. 0016592; running thence N16°22'01.1"W a distance of 256.11 feet to a point 342.11 feet left of and opposite station 17+08.78 on said construction centerline laid out for CR200/TOWN CREEK RD; thence N74°36'06.3"E a distance of 165.81 feet to a point 341.58 feet left of and opposite station 18+65.21 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S62°00'55.3"E a distance of 133.35 feet to a point 251.77 feet left of and opposite station 19+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S14°05'27.0"E a distance of 145.77 feet to a point 106.00 feet left of and opposite station 19+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S75°54'33.0"W a distance of 24.79 feet to a point 106.00 feet left of and opposite station 19+35.21 on said construction centerline laid out for CR200/TOWN CREEK RD; thence southwesterly 178.47 feet along the arc of a curve (said curve having a radius of 5806.00 feet and a chord distance of 178.47 feet on a bearing of S75°01'42.8"W) to the point 106.00 feet left of and opposite station 17+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence S15°51'07.5"E a distance of 20.00 feet to a point 86.00 feet left of and opposite station 17+60.00 on said construction centerline laid out for CR200/TOWN CREEK RD; thence southwesterly 52.00 feet along the arc of a curve (said curve having a radius of 5786.00 feet and a chord distance of 52.00 feet on a bearing of S73°53'25.7"W) back to the point of beginning.
Said tract containing 1.328 acres, more or less.
Parcel No. 2 20-D.
The title, estate or interest in the above-described lands required by Condemnor and now taken by Condemnor for public use is as follows: Fee simple title to the above-described lands being shown described within on the attached plats dated March 28, 2024; last revised: Sheet Nos. 60-0002 & 60-0003 on March 27, 2025; Sheet No. 60-0004 on February 3, 2026; Sheet No. 60-0006 no revisions; and Sheet Nos. 60-0007 & 60-0008 on May 16, 2025; and attached hereto as Annex 1-A.
A temporary easement is condemned for the right to construct a fence. Any fence(s) constructed will remain in place and the Georgia Department of Transportation will cease to maintain said fence upon expiration. Said easement will expire five (5) years from the date of filing of the petition, and is shown described within on the attached plants market Annex 1-A.
A temporary easement is condemned for the right to construct a driveway to connect the newly constructed road and right of way to the Condemnee's remaining land for driveway purposes. Said easement will expire five (5) years from the date of the filing of the Petition, and is shown described within on the attached plats marked Annex 1-A.
Parcel No. 2 20-E.
2P-05/7-5/14/2026
