CITATION
IN THE SUPERIOR COURT OF
HABERSHAM COUNTY
GEORGIA
DEPARTMENT OF
TRANSPORTATION
VS.
0.002 acres of land; and certain easement rights; and DPW Properties, LLC; Vallant Bank, formerly known as Pinnacle Bank, as successor-in-interest by virtue of merger with Southern Bank & Trust; City of Clarkesville, Georgia; and June Black-Warren, Habersham County Tax Commissioner, Individually
DOCKET NO. 26CV0329
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 Sections 32-3-4 through 32-3-19, providing 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 29th day of July, 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,
Parcel No. 4 19
the Department of Transportation has deposited with the Clerk of the Superior Court of said County $5,700.00 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 pray-ed 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; AND 20-C FOR DESCRIPTION.
This 4th day of August, 2026.
/s/ David C. Wall
Clerk Superior Court
HABERSHAM COUNTY
Parcel No. 4 20
Project Number:P.I. 0017732 HABERSHAM COUNTY
Parcel Number: 4
Required R/W:0.002 acres of land; and certain easement rights
Property Owners: DPW Properties, LLC; Vallant Bank, formerly known as Pinnacle Bank, as successor-in-interest by virtue of merger with Southern Bank & Trust; City of Clarkesville, Georgia; and June Black-Warren, Habersham County Tax Commissioner, Individually
All those tracts or parcel of land lying and being in Land Lot 19 of the 10th Land District of Habersham County, Georgia, being more particularly described as follows:
Required Right of Way:
Beginning at a point 45.00 feet left of and opposite Station 117+33.10 on the construction centerline of SR 17/SR 115 on Georgia Highway Project No. 0017732; running thence S76°16'33.0"E a distance of 42.37 feet to a point 38.73 feet left of and opposite Station 117+75.00 on said construction centerline laid out for SR 17/SR 115; thence N83°03'29.5"W a distance of 41.55 feet to a point 39.98 feet left of and opposite Station 117+33.47 on said construction centerline laid out for SR 17/SR 115; thence N00°56'30.5"E a distance of 5.03 feet back to the point of beginning. Containing 0.002 acres more or less. Said described land being required right-of-way and is shown on the attached plats marked Annex -1A.
Permanent Easement for Construction and Maintenance of Slopes:
Also, to be acquired by condemnation is a permanent easement for the right to construct and maintain slopes within the area described as follows:
Beginning at a point 55.00 feet left of and opposite Station 117+32.35 on the construction centerline of SR 17/SR 115 on Georgia Highway Project No. 0017732; running thence S84°15'57.0"E a distance of 245.05 feet to a point 55.00
Parcel No. 4 20A.
feet left of and opposite Station 119+75.91 on said construction centerline laid out for SR 17/SR 115; thence S19°17'15.0"E a distance of 4.45 feet to a point 51.00 feet left of and opposite Station 119+77.85 on said construction centerline laid out for SR 17/SR 115; thence S19°17'15.0"E a distance of 2.11 feet to a point 49.11 feet left of and opposite Station 119+78.77 on said construction centerline laid out for SR 17/SR 115; thence S28°05'02.5"E a distance of 5.20 feet to a point 44.84 feet left of and opposite Station 119+81.72 on said construction centerline laid out for SR 17/SR 115; thence N83°03'29.5"W a distance of 137.76 feet to a point 46.69 feet left of and opposite Station 118+45.03 on said construction centerline laid out for SR 17/SR 115; thence S06°56'31.7"W a distance of 10.00 feet to a point 36.69 feet left of and opposite Station 118+44.78 on said construction centerline laid out for SR 17/SR 115; thence N83°03'29.5"W a distance of 70.00 feet to a point 38.73 feet left of and opposite Station 117+75.00 on said construction centerline laid out for SR 17/SR 115; thence N76°16'33.0"W a distance of 42.37 feet to a point 45.00 feet left of and opposite Station 117+33.10 on said construction centerline laid out for SR 17/SR 115; thence N00°56'30.5"E a distance of 10.03 feet back to the point of beginning. Containing 0.066 acres more or less. Said described land being a permanent easement and is condemned for the right to construct and maintain slopes as shown on the attached plats attached hereto as Annex 1-A.
Temporary Driveway Easement:
Also to be acquired by condemnation is the right to an easement for the construction of a driveway being described as follows:
Beginning at a point 66.01 feet left of and opposite Station 116+99.48 on the construction centerline of SR 17/SR 115 on Georgia Highway Project No. 0017732; running thence N06°35'00.0"E a distance of 8.99 feet to a point 75.00
Parcel No. 4 20B.
feet left of and opposite Station 116+99.69 on said construction centerline laid out for SR 17/SR 115; thence S84°46'58.4"E a distance of 41.23 feet to a point 75.00 feet left of and opposite Station 117+41.00 on said construction centerline laid out for SR 17/SR 115; thence S05°12'38.9"W a distance of 20.08 feet to a point 54.92 feet left of and opposite Station 117+41.00 on said construction centerline laid out for SR 17/SR 115; thence N84°15'57.0"W a distance of 8.65 feet to a point 55.00 feet left of and opposite Station 117+32.35 on said construction centerline laid out for SR 17/SR 115; thence N00°56'30.5"E a distance of 10.08 feet to a point 65.05 feet left of and opposite Station 117+31.60 on said construction centerline laid out for SR 17/SR 115; thence N83°03'29.5"W a distance of 32.06 feet back to the point of beginning. Containing 0.011 acres more or less.
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 as shown described within on the attached plats dated the 11th day of December, 2024; Sheet 60-0004, last revised September 5, 2025; Sheets 60-0006 and 60-0007, last revised March 3, 2026; and attached hereto as Annex 1-A.
A permanent easement is condemned for the right to construct and maintain slopes as shown on the attached plats attached hereto as Annex 1-A.
A driveway easement is condemned for the right to construct a driveway to connect the newly constructed road and right of way to the condemnees remaining land for driveway purposes. Said easement shall expire on July 1, 2031 and is as shown described within on the attached plats marked Annex 1-A. Upon completion of the project, the driveway will remain in place for use by the condemnees.
Parcel No. 4 20C.
2C-8/19-8/26/26