O.C.G.A.

O.C.G.A. § 22-3-140 (2019)

Authorization to utilize the declaration of taking method of eminent domain

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Any state agency, political subdivision of the state, county, or municipality owning or operating a sewage collection, treatment, or disposal system, a water or waste-water system, a gas or gas line system, an electrical or electrical line system, or a drain or storm-water system is authorized to utilize the declaration of taking method of eminent domain in order to acquire any private property in fee simple or in any lesser interest, including easements, for such systems and purposes, as such method of eminent domain is provided in Article 1 of Chapter 3 of Title 32. This article and method of eminent domain shall be supplementary to and cumulative of the methods of procedure for the exercise of the power of eminent domain prescribed in this title.

History

Code 1981, § 22-3-140, enacted by Ga. L. 2000, p. 1514, § 3.

ARTICLE 8 ELECTRIC TRANSMISSION LINES

Annotations

Editor’s notes. - Ga. L. 2004, p. 568, § 3, not codified by the General Assembly, provides that this article: ‘‘shall apply to the exercise of eminent domain to acquire easements or other property interests for which land acquisition negotiations for purposes of constructing or expanding one or more electric transmission lines begin on or after such date. The provisions of

this Act relating to additional compensation, reconveyance, and quitclaim shall apply to easements and other property interests acquired on or after July 1, 2004, through the exercise of eminent domain.’’

Law reviews. - For article on the 2004 enactment of this article, see 21 Ga. St. U.L. Rev. 157 (2004).

RESEARCH REFERENCES Am. Jur. 2d. - 26 Am. Jur. 2d, Eminent Domain, § 61.

C.J.S. - 29A C.J.S., Eminent Domain, § 94 et seq.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2010–2022 · leading case: Windsor v. City of Atlanta, 695 S.E.2d 576 (Ga. 2010).
Windsor v. City of Atlanta, 695 S.E.2d 576 (Ga. 2010). · cites it 2× “See OCGA § 22-3-140 (authorizing any municipality “owning or operating a sewage collection, treatment, or disposal system, a water or waste-water system,.”
Edgewater Hall Enter., LLC v. City of Canton (Ga. Ct. App. 2022). · cites it 2× “The City filed a condemnation petition and declaration of taking in August 2021, pursuant to OCGA §§ 22-3-140 and 32-3-4, against Crescent Farms and Bank of the Ozarks, as successor in interest to Gilmer County Bank.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.