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2018 Georgia Code 32-1-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-1-8 Case Law from Google Scholar Amendments to OCGA 32-1-8

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

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

32-1-8. Construction and maintenance of private roads.

It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road.

(Code 1933, § 95A-1102, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 1251, § 2-1.)

Cross references.

- Georgia Highway Authority, § 32-10-1 et seq.

State Road and Tollway Authority, § 32-10-60 et seq.

Conflicts of interest, § 45-10-20 et seq.

JUDICIAL DECISIONS

Compensated work on private property not prohibited.

- O.C.G.A. § 32-1-8 does not prohibit a county from performing grading work on private property with county equipment and materials at rates established in a published schedule. Woodard v. Smith, 254 Ga. 39, 325 S.E.2d 377 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Remuneration does not render work on private property lawful.

- Even for payment, a county may not lawfully scrape privately-owned driveways; the county's collection of a fee for providing this service would not, given the plain language of the statute, make the transaction lawful. 1976 Op. Att'y Gen. No. U76-24.

Cases Citing O.C.G.A. § 32-1-8

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Woodard v. Smith, 325 S.E.2d 377 (Ga. 1985).

Cited 4 times | Published | Supreme Court of Georgia | Feb 8, 1985 | 254 Ga. 39

...It further contends that where, as here, the county commissioners have acted so as to make profitable use of resources which otherwise would be idled, their discretion should not be disturbed absent fraud or abuse. The complaining citizens rely upon OCGA § 32-1-8, which declares that it is "unlawful for any official, officer, or employee of ....
...The authorities we have cited involve real property, while the case before us concerns personal property and services. Nonetheless, we discern no logical distinction between the two, nor any basis for declaring the Saturday Work Program to be beyond the powers of the governing authority. We construe OCGA § 32-1-8, relied upon by the complainants, to proscribe the bestowing of gratuities from the public treasury — not to prohibit contracts under which a county receives payments for services....