O.C.G.A.
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.
Each county shall, by resolution, designate roads to be a part of its county road system; and such resolutions shall be recorded in the minutes of the county. All such roads shall be laid out on the shortest
and best route to their intended destination and with as little injury to private property as possible. When a road has been designated as a part of a county road system, this change shall be recorded on the official map of the county road system, as provided for in subsection (a) of Code Section 32-4-2, and in the written record of the county road system, as provided for in subsection (b) of Code Section 32-4-2.
History
Laws 1818, Cobb’s 1851 Digest, p. 951; Code 1863, § 584; Code 1868, § 648; Code 1873, § 609; Code 1882, § 609; Civil Code 1895, § 529; Civil
Code 1910, § 645; Code 1933, § 95-205; Code 1933, § 95A-203, enacted by Ga. L. 1973, p. 947, § 1.
Annotations
JUDICIAL DECISIONS Acceptance of transfer of state road. - 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 ad-
opted 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).
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 1993–2023 · leading case:
Sumter Cnty. v. Morris, 896 S.E.2d 571 (Ga. 2023).
Sumter Cnty. v. Morris, 896 S.E.2d 571 (Ga. 2023).
· cites it 4× “” And OCGA § 32-4-40 provides that roads are made part of the “county road system” by county resolution: “Each county shall, by resolution, designate roads to be a part of its county road system; and such resolutions shall be recorded in the minutes of the county.”
Dep't of Transp. v. Smith, 437 S.E.2d 811 (Ga. Ct. App. 1993).
· cites it 2× “Defendants also submitted evidence that Columbia County effectively designated Roy Owens Road as part of the county road system by adopting a resolution accepting it as required by OCGA § 32-4-40. Furthermore, defendants submitted the affidavit testimony of the road…”
Fulton Cnty. v. Fulton Cnty. Sch. Dist., 542 S.E.2d 507 (Ga. Ct. App. 2000).
· cites it 2× “The statutory law that governs a county’s rights, duties, powers, and responsibilities as to the county road system is found at OCGA § 32-4-40 et seq. Our Supreme Court has applied these statutes and their relevant constitutional interpretation in several cases involving…”
John M. Morris v. Sumter Cnty. (Ga. Ct. App. 2022).
· cites it 2× “36 Because a road may be dedicated to a county by implication, a lack of express designation cannot be determinative of whether a road is “public” for purposes of the county’s maintenance responsibilities pursuant to the general and specific mandamus statutes.”
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.