O.C.G.A.

O.C.G.A. § 32-4-21 (2019)

Designation of roads as part of state highway system

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, the board, by resolution, or the commissioner, by written notice to the board, may designate such road to be a part of the state highway system. If the road proposed to be designated is a part of either a county road system or a municipal street system, the department shall give written notice to the county or municipality of the effective date that such road shall become part of the state highway system. Any change on the state highway system by designation shall be recorded on the official map and in the written records of the state highway system, as provided for in subsections (a) and (b) of Code Section 32-4-2.

History

Laws 1818, Cobb’s 1851 Digest, p. 947; Code 1863, §§ 579, 580; Code 1868, §§ 643, 644; Code 1873, §§ 604, 605; Code 1882, §§ 604, 605; Civil

Code 1895, §§ 520, 521; Civil Code 1910, §§ 640, 641; Code 1933, §§ 95-201, 95-202; Code 1933, § 95A-202, enacted by Ga. L. 1973, p. 947, § 1.

Annotations

JUDICIAL DECISIONS Removal of road from official map. - After the Department of Transportation removed a road from the official map

for the state highway system and placed the road on the official map for the county road system and the county adopted a

resolution accepting the road, the evidence established that the department had no obligation to maintain the road. Georgia DOT v. Smith, 210 Ga. App. 741, 437 S.E.2d 811 (1993). Liability for maintenance of road when written notice not given. - Georgia Department of Transportation

was responsible for maintaining a bypass on a road because the department had taken over maintenance of the road even though the department had not yet given the statutory written notice of the road becoming a part of the state highway system. DOT v. Carr, 254 Ga. App. 781, 564 S.E.2d 14 (2002).

Notes of Decisions

Cited in 2 cases, 1993–2002 · leading case: Dep't of Transp. v. Carr, 564 S.E.2d 14 (Ga. Ct. App. 2002).

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Dep't of Transp. v. Carr, 564 S.E.2d 14 (Ga. Ct. App. 2002). · cites it 6× “” 11 The designation of a road as a state highway is governed by OCGA § 32-4-21, which provides in part: Whenever the [State Transportation Board], or the commissioner [of transportation] when the board is not in session, deems it necessary and in the public interest to have a…”

Dep't of Transp. v. Smith, 437 S.E.2d 811 (Ga. Ct. App. 1993). · cites it 2× “That statute further requires that any change in the system must be recorded on the official map and in the records of the highway system as provided for in OCGA § 32-4-2 (a) and (b).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.