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2018 Georgia Code 32-1-2 | Car Wreck Lawyer

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 1. General Provisions, 32-1-1 through 32-1-11.

32-1-2. Purpose and legislative intent.

The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia. The legislative intent is to provide an effective legal basis for the organization, administration, and operation of an efficient, modern system of public roads and other modes of transportation.

(Code 1933, § 95A-102, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Purpose of the Georgia Code of Public Transportation is organization, administration, and operation of an efficient, modern system of public roads as between the state, counties, and municipalities; the statute's purpose is not to ascertain and fix the status of the public right of use of every road in Georgia. Jordan v. Way, 235 Ga. 496, 220 S.E.2d 258 (1975) (see O.C.G.A. T. 32).

Sign permits.

- Although ground had not been broken on a proposed interchange as of the date an applicant submitted applications for permits for outdoor advertising signs, the Georgia Department of Transportation's denial of the applications comported with O.C.G.A. §§ 32-1-2,32-6-74(a), and32-6-75(a)(18) because the interchange project had progressed to a point such that it constituted an interchange for purposes of § 32-6-75(a)(18) and the proposed sign locations were within the 500-foot blocked out zone established by § 32-6-75(a)(18). Eagle West, LLC v. Ga. DOT, 312 Ga. App. 882, 720 S.E.2d 317 (2011).

State DOT not liable for failing to erect road closure signs on county road.

- Because an accident occurred on a county-owned road and did not occur on a part of the state highway system upon which the DOT owed a duty to motorists, and the couple's expert's affidavit could not establish a legal duty to erect signs or to take other steps to inform drivers of the closure of the county-owned road, summary judgment for the DOT was proper. Diamond v. DOT, 326 Ga. App. 189, 756 S.E.2d 277 (2014).

County's duty to maintain dedicated roads in subdivision.

- Trial court erred by granting mandamus relief under O.C.G.A. § 9-6-20 with regard to a property owner seeking to compel a county to maintain roads in a subdivision because while the county had accepted dedication of the streets, the county still was vested with the discretion to decide whether to open all of the roads or close any of the roads, and the trial court was required to determine whether the county's decisions were arbitrary, capricious, and unreasonable or a gross abuse of discretion as nowhere in the judgment was that standard articulated. Burke County v. Askin, 291 Ga. 697, 732 S.E.2d 416 (2012).

Cited in Fulton County v. Davidson, 253 Ga. 734, 325 S.E.2d 135 (1985); CSX Transp., Inc. v. Trism Specialized Carriers, Inc., 9 F. Supp. 2d 1374 (N.D. Ga. 1998); Evans Timber Co. v. Central of Ga. R.R., 239 Ga. App. 262, 519 S.E.2d 706 (1999).

RESEARCH REFERENCES

ALR.

- Power to limit weight of vehicle or its load with respect to use of streets or highways, 75 A.L.R.2d 376.

Cases Citing O.C.G.A. § 32-1-2

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Lingo v. State, 162 S.E.2d 1 (Ga. 1968).

Cited 27 times | Published | Supreme Court of Georgia | May 9, 1968 | 224 Ga. 333

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Kitchen v. CSX Transp., Inc., 265 Ga. 206 (Ga. 1995).

Cited 18 times | Published | Supreme Court of Georgia | Feb 27, 1995 | 453 S.E.2d 712

...947, § 1, was enacted "to revise, classify, consolidate and repeal . . . other laws relating to all public roads [and] bridges, . . . and to establish new laws relating thereto. . . ." Ga. L. 1973, p. 947. The purpose and legislative intent of the GCPT is further set out in OCGA § 32-1-2, as follows: to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia....
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Williams v. State, 727 S.E.2d 95 (Ga. 2012).

Cited 14 times | Published | Supreme Court of Georgia | Apr 24, 2012 | 291 Ga. 19, 2012 Fulton County D. Rep. 1540

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Burke Cnty. v. Askin, 291 Ga. 697 (Ga. 2012).

Cited 11 times | Published | Supreme Court of Georgia | Oct 15, 2012 | 732 S.E.2d 416, 2012 Fulton County D. Rep. 3145

...not in any way affect the general law of mandamus or the rules of practice and procedure as to this remedy previously existing.”). And a county has a duty to maintain public roads in its county road system. See OCGA § 32-4-41 (1).3 See also OCGA § 32-1-2.4 Accordingly, the trial court did not err in addressing the petition for a writ of mandamus under OCGA § 9-6-20. *7002....
...or otherwise as permitted by law. Nothing in this paragraph shall be construed to prevent a county from entering into a contract providing for a municipality to maintain an extension of the county road system within the municipal limits .... OCGA § 32-1-2 reads: The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia....
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Pope v. State, 301 Ga. 528 (Ga. 2017).

Cited 7 times | Published | Supreme Court of Georgia | Jun 19, 2017 | 801 S.E.2d 830

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Danbert v. North Georgia Land Ventures, LLC, 697 S.E.2d 204 (Ga. 2010).

Cited 5 times | Published | Supreme Court of Georgia | Jul 5, 2010 | 287 Ga. 495, 2010 Fulton County D. Rep. 2179

...ng thereto; (L) Wayside parks; (M) Parking facilities; (N) Drainage ditches; (O) Canals and culverts; (P) Rest areas; (Q) Truck-weighing stations or check points; and (R) Scenic easements and easements of light, air, view, and access. [6] Under OCGA § 32-1-2 "The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia....
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Sumter Cnty. v. Morris, 896 S.E.2d 571 (Ga. 2023).

Cited 3 times | Published | Supreme Court of Georgia | Dec 19, 2023 | 318 Ga. 1

... 32-1-3. Title 32, the “Georgia Code of Public Transportation,” “provide[s] a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia.” OCGA § 32-1-2....
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Fulton Cnty. v. Davidson, 253 Ga. 734 (Ga. 1985).

Cited 3 times | Published | Supreme Court of Georgia | Jan 16, 1985 | 325 S.E.2d 135

...This sec*735tion is part of the Georgia Code of Public Transportation, the stated purpose of which is to “provide an effective legal basis for the organization, administration and operation of an efficient, modern system of public roads and other modes of transportation.” OCGA § 32-1-2....
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Inquiry Concerning Judge Christina Peterson, 903 S.E.2d 645 (Ga. 2024).

Cited 1 times | Published | Supreme Court of Georgia | Jun 25, 2024 | 319 Ga. 316