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2018 Georgia Code 32-3-2 | Car Wreck Lawyer

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 3. Acquisition of Property for Transportation Purposes, 32-3-1 through 32-3-39.

ARTICLE 1 GENERAL PROVISIONS

32-3-2. Acquisition procedure generally; recording order and judgment or instrument of conveyance; filing order and judgment or instrument in records of department.

All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22. Any instrument which conveys such property or interest to or any order and judgment which vests such property or interest in a state agency, county, or municipality shall be recorded in the name of the agency, county, or municipality in each county wherein the property or interest may lie, notwithstanding Code Section 50-16-3. In the case of property or interests acquired by the department, the instrument or order and judgment shall also be kept in the records of the department. Article 1 of Chapter 6 of Title 48 shall not apply to property or interests acquired under the authority of this article.

(Code 1933, § 95A-602, enacted by Ga. L. 1973, p. 947, § 1.)

Law reviews.

- For comment on Southern Ry. v. State Hwy. Dep't, 219 Ga. 435, 134 S.E.2d 12 (1963), see 1 Ga. St. B.J. 242 (1964).

JUDICIAL DECISIONS

Cited in Citizens Coalition for Planned Growth, Inc. v. Glynn County, 249 Ga. 664, 292 S.E.2d 847 (1982); DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

RESEARCH REFERENCES

ALR.

- Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.

Cases Citing O.C.G.A. § 32-3-2

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).

Cited 40 times | Published | Supreme Court of Georgia | Oct 8, 1985 | 255 Ga. 124

...f access, by a state agency or a county or municipality through gift, devise, exchange, purchase, prescription, dedication, eminent domain, or any other manner provided by law for present or future public road or other transportation purposes." OCGA § 32-3-2 then states, "All acquisition of property or interests for public road purposes shall proceed under the methods set out in this article and in Title 22." OCGA § 32-3-3 authorizes the DOT, counties, and municipalities to acquire "any proper...
...ons of the authority to exercise the right of eminent domain, thus, must be strictly construed in Georgia. In addition, we held in Dorsey v. Dept. of Transp., 248 Ga. 34, 37 (279 SE2d 707) (1981), that while the procedure for condemnation under OCGA § 32-3-2 et seq....
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City of Marietta v. Summerour, 302 Ga. 645 (Ga. 2017).

Cited 30 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 324

...City of Atlanta, 72 Ga. 428, 432 (2) (1884); Sims v. City of Toccoa, 256 Ga. 368, 369 (349 SE2d 385) (1986) (same); Dept. of Transp. v. City of Atlanta, 255 Ga. 124, 132 (3) (b) (337 SE2d 327) (1985) (“[WJhile the procedure for condemnation under OCGA § 32-3-2 et seq....
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Dep't of Transp. v. Mixon, 864 S.E.2d 67 (Ga. 2021).

Cited 15 times | Published | Supreme Court of Georgia | Oct 5, 2021 | 312 Ga. 548

..., provided that the condemnor pays or tenders to the owner the amount of the award and, in case of the refusal of the owner to accept the award, deposits the amount awarded with the clerk of the superior court for the benefit of the owner.”); OCGA § 32-3-2 (“All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22.”) (emphasis supplied); OCGA § 32-3-7 (a) (title to condemned property...