TITLE 22 EMINENT DOMAIN

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

ARTICLE 3 CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS

22-3-63. Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system.

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:

1. Is privately owned and is operated under the collective management and control of the owners;
2. Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;
3. Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and
4. On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers

   shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance.

(Code 1981, §22-3-63, enacted by Ga. L. 2000, p. 1514, § 2; Ga. L. 2006, p. 39, § 16/HB 1313.)