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O.C.G.A. § 22-3-41 — Power to acquire right to flood roads and highways | Georgia Code
O.C.G.A. § 22-3-41 (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 2 CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS

22-3-41. Power to acquire right to flood roads and highways.

Any person referred to in Code Section 22-3-20 shall have the right and authority to acquire by purchase or condemnation the right to flood private roads or highways. Any such person shall also have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing, and opening other public roads or highways to replace the public roads or highways flooded or intended to be flooded and also by paying to the state and county authorities any other damages that may be the natural and probable consequence of such flooding.

(Ga. L. 1925, p. 272, § 1; Code 1933, § 36-804.)

Cross references.

- Abandonment of public roads, Ch. 7, T. 32.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 73, 74, 103, 150-152, 178. 27 Am. Jur. 2d, Eminent Domain, §§ 329, 344, 345, 350.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 81, 110, 111, 122, 129, 148, 151, 153.

ALR.

- Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility's having power of eminent domain, 87 A.L.R.3d 1265.

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.

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