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O.C.G.A. § 32-3-34 — Amount of land to be acquired for rights of way | Georgia Code
O.C.G.A. § 32-3-34 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

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

ARTICLE 2 ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS

32-3-34. Amount of land to be acquired for rights of way.

  1. The lands and interest in lands to be acquired in fee simple for federal parkway rights of way shall average not more than 125 acres per mile plus not more than 25 acres per mile in scenic easements; and in no case shall the width of the fee simple rights of way for federal parkway land be less than 300 feet. It is the intent of this Code section that in using the acreage per mile method there will be permitted the balancing of the total acreage over the entire length of the federal parkway project within the state and that such usage will provide for flexibility to narrow or widen the fee simple lands acquired for federal parkways to meet specific conditions.
  2. The variance of the width of the lands to be acquired by the department for federal parkways is to be dependent upon topographical conditions; requirements of federal parkway design; acquisition of acreage adjacent to the federal parkway at designated locations of scenic, historic, or recreational value or significance; simplicity and ease of rights of way acquisition; cost of rights of way acquisition; and other conditions considered by the department to be controlling; but in no case shall the width of the fee simple rights of way to be acquired for federal parkways be less than the 300 feet provided for in this Code section.

(Ga. L. 1967, p. 604, § 4; Ga. L. 1969, p. 982, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Easements and Licenses in Real Property, §§ 64, 77. 27 Am. Jur. 2d, Eminent Domain, § 841. 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 193.

C.J.S.

- 28A C.J.S., Easements, § 95. 39A C.J.S., Highways, § 138.

ALR.

- Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.