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2018 Georgia Code 46-3-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-38 Case Law from Google Scholar Amendments to OCGA 46-3-38

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 1 GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY

46-3-38. Applicability of part to moving or transportation of houses or buildings.

In addition to the exceptions set forth in Code Section 46-3-37, this part shall not be construed as applying to and shall not apply to the moving or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Department of Public Safety.

(Ga. L. 1960, p. 181, § 4; Code 1981, §46-3-37; Code 1981, §46-3-38, as redesignated by Ga. L. 1992, p. 2141, § 1; Ga. L. 2012, p. 580, § 15/HB 865.)

The 2012 amendment, effective July 1, 2012, substituted "Department of Public Safety" for "Georgia Public Service Commission" at the end of this Code section.

Editor's notes.

- Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-38 as present Code Section 46-3-39.

Cases Citing O.C.G.A. § 46-3-38

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Malvarez v. Georgia Power Co., 300 S.E.2d 145 (Ga. 1983).

Cited 32 times | Published | Supreme Court of Georgia | Feb 16, 1983 | 250 Ga. 568

...One whose injury is caused by negligent installation or maintenance of high-voltage lines, even where such injury occurs while engaged in acts enumerated in OCGA § 46-3-32 (Code Ann. § 34B-203) within eight feet of the lines, is not barred by failure to give notice. This is consistent with OCGA § 46-3-38 (Code Ann....
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Williams v. Mitchell Cnty. Elec. Membership Corp., 276 Ga. 759 (Ga. 2003).

Cited 2 times | Published | Supreme Court of Georgia | Jun 9, 2003 | 582 S.E.2d 107

...ch as those sustained, unless the power lines at dssue were properly maintained and located, as this Court held in Malvarez v. Ga. Power Co., 250 Ga. 568, 569 (300 SE2d 145) (1983). However, the Malvarez opinion relied upon the language of then-OCGA § 46-3-38, which read: “Nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of high-voltage lines with respect to damage or loss to person or property.” In 1992, the General Assembly enacted Ga....