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O.C.G.A. § 22-3-161 — Selection of route for electric transmission line; settlement negotiations with property owners | Georgia Code
O.C.G.A. § 22-3-161 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 22 EMINENT DOMAIN

Section 3. Exercise of Power of Eminent Domain for Special Purposes, 22-3-1 through 22-3-162.

ARTICLE 8 ELECTRIC TRANSMISSION LINES

22-3-161. Selection of route for electric transmission line; settlement negotiations with property owners.

  1. On and after July 1, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section 22-3-160.1, the utility shall select a practical and feasible route for the location of the electric transmission line. In selecting the route for the location of the electric transmission line, the utility shall consider existing land uses in the geographic area where the line is to be located, existing corridors, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs related to the construction, operation, and maintenance of the line.
  2. After the utility has selected the preferred route for the location of an electric transmission line, the utility shall attempt in good faith to negotiate a settlement with each property owner from whom the utility needs to acquire property rights for the line. In connection with the negotiations, the utility shall provide the property owner with a written offer to purchase the property rights, a document that describes the property rights, and a drawing that shows the location of the line on the owner's property.
  3. The requirements of subsections (a) and (b) of this Code section shall not apply to an electric transmission line described in subsection (d) of Code Section 22-3-160.1.

(Code 1981, §22-3-161, enacted by Ga. L. 2004, p. 568, § 2; Ga. L. 2005, p. 60, § 22/HB 95.)

The 2005 amendment, effective April 7, 2005, part of an Act to revise, modernize, and correct the Code, substituted "22-3-160.1" for "22-3-160" in subsections (a) and (c).

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