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2018 Georgia Code 22-3-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-3-22 Case Law from Google Scholar Amendments to OCGA 22-3-22

TITLE 22 EMINENT DOMAIN

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

ARTICLE 2 CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS

22-3-22. Condemnation of mills, factories, and dams.

Any person seeking to exercise the power of eminent domain under Code Section 22-3-20 shall have the right and authority to acquire by condemnation any mill, factory, dam, or other property or interest connected with same, except cotton mills or factories or any plant engaged in furnishing electric power to the public.

(Civil Code 1910, § 5242; Ga. L. 1925, p. 272, § 3; Code 1933, § 36-812.)

JUDICIAL DECISIONS

Protection accorded to mills and factories under this section extends to appurtenances necessary to their operation, but not to property from which the crude material is taken for supplying such mill or factory. Beuchler v. Georgia Ry. & Power Co., 139 Ga. 724, 78 S.E. 121 (1913); Nolan v. Central Ga. Power Co., 134 Ga. 201, 67 S.E. 656 (1910).

And protection applies to mills and factories operated by steam power as well as to those operated by water power. Stribbling v. Georgia Ry. & Power Co., 139 Ga. 676, 78 S.E. 42 (1913).

Cited in Lewis v. Fidelity & Deposit Co., 292 U.S. 559, 54 S. Ct. 848, 78 L. Ed. 1425 (1934).

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Eminent Domain, §§ 71, 107, 114, 150, 162.

ALR.

- Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.

PART 2 A CQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS

22-3-40. "Public road" and "public highway" defined.

As used in this part, the term "public road" or "public highway" means not only roads and highways proper but bridges, culverts, and appurtenances as well.

(Ga. L. 1927, p. 370, § 4; Code 1933, § 36-803.)

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