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O.C.G.A. § 32-1-8 — Construction and maintenance of private roads | Georgia Code

O.C.G.A. § 32-1-8 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

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