Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 95-9 and § 95-1721, and former Ga. L. 1955, p. 124, as amended, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Constitutional to require county authorities to maintain roads.

- Requiring county authorities to maintain roads did not violate state constitutional provisions dealing with the creation of debts since counties are granted authority to build and maintain roads and to levy taxes for such purposes. State v. Georgia Rural Rds. Auth., 211 Ga. 808, 89 S.E.2d 204 (1955) (decided under former Ga. L. 1955, p. 124, as amended).

Constitutional to require county to build and maintain bridges.

- It is the duty of county authorities to construct and maintain bridges across streams in a workmanlike and proper manner so that any person may use the bridges in safety in ordinary travel. DeKalb County v. Brewer, 107 Ga. App. 231, 129 S.E.2d 540 (1963), later appeal, 111 Ga. App. 269, 141 S.E.2d 234 (1965) (decided under former Code 1933, Ch. 95-9).

Judicial review of abandonment decision.

- In a mandamus action, a trial court erred by reversing a decision of a county board of commissioners to abandon a road as the trial court failed to give proper deference to the board's decision to abandon the road and substituted the court's own judgment for that of the board. Scarborough v. Hunter, 293 Ga. 431, 746 S.E.2d 119 (2013).

No liability for defective bridges.

- There is no language in O.C.G.A. § 32-4-41 specific enough to waive sovereign immunity and make a county liable for the county's defective bridges. Kordares v. Gwinnett County, 220 Ga. App. 848, 470 S.E.2d 479 (1996).

Duty to install signs.

- In a personal injury action, contractor had no duty to protect the plaintiff from dangerous or defective conditions caused by others; the county, not the contractor, had the obligation to install the signs which the plaintiff claimed were necessary. Purvis v. Virgil Barber Contractor, 205 Ga. App. 13, 421 S.E.2d 303 (1992).

When an injured party sued the Georgia Department of Transportation (DOT) for injuries received in a single-car accident on a county road, the party could not maintain a negligent maintenance claim against DOT because the road on which the accident occurred was not part of the state highway system, nor did the road lead to a state park; thus, under O.C.G.A. § 32-4-41(1), the county was obligated to maintain the road and, under O.C.G.A. § 32-2-61(e), DOT's contract with the county to improve the road did not relieve the county of this responsibility. Ogles v. E.A. Mann & Co., 277 Ga. App. 22, 625 S.E.2d 425 (2005).

State DOT not liable for failing to erect road closure signs on county road.

- Because an accident occurred on a county-owned road and did not occur on a part of the state highway system upon which the DOT owed a duty to motorists, and the couple's expert's affidavit could not establish a legal duty to erect signs or to take other steps to inform drivers of the closure of the county-owned road, summary judgment for the DOT was proper. Diamond v. DOT, 326 Ga. App. 189, 756 S.E.2d 277 (2014).

Duty to maintain dedicated roads in subdivision.

- Trial court erred by granting mandamus relief under O.C.G.A. § 9-6-20 with regard to a property owner seeking to compel a county to maintain roads in a subdivision because while the county had accepted dedication of the streets, the county still was vested with the discretion to decide whether to open all of the roads or close any of the roads, and the trial court was required to determine whether the county's decisions were arbitrary, capricious, and unreasonable or a gross abuse of discretion as nowhere in the judgment was that standard articulated. Burke County v. Askin, 291 Ga. 697, 732 S.E.2d 416 (2012).

County, which had accepted dedication of a subdivision road in 1962 but had not completed the road or maintained the road for 50 years, due to the county's mistaken belief that the road was private, was ordered to complete and maintain the road; the county's failure to complete the road was arbitrary and capricious, given the county's acceptance of subdivision plats requiring the road. As to unopened roads in the subdivision, the roads were not public under O.C.G.A. § 9-6-21(b), and the county had no obligation to maintain those roads. Burke County v. Askin, 294 Ga. 634, 755 S.E.2d 747 (2014).

Constitutional to require county to secure rights of way.

- In the construction of state-aid roads by the State Highway Board (now Transportation Board), it is the duty of the county authorities having control of county roads to assist in procuring the necessary rights of way. Martin v. Fulton County, 213 Ga. 761, 101 S.E.2d 716 (1958) (decided under former Code 1933, § 95-1721).

Extent of right-of-way.

- County could only acquire by prescription a right-of-way over that which was actually used as a roadway, and the standard 30 foot width on which the county relied was applicable only to roads which were formally acquired by the county. Clack v. Henry County, 261 Ga. 623, 409 S.E.2d 647 (1991).

Only the right-of-way actually acquired could be included in the roadway. Clack v. Henry County, 261 Ga. 623, 409 S.E.2d 647 (1991).

Authority to develop asphalt facilities.

- Given the general and broad powers of counties authorized by Ga. Const. 1976, Art. IX, Sec. V, Para. II (see now Ga. Const. 1983, Art. IX, Sec. IV) and this section to levy taxes and expend funds for the construction and maintenance of roads, it is reasonable to imply that the authority can develop facilities for the production of asphalt for use in the county road system. Ledbetter Bros. v. Floyd County, 237 Ga. 22, 226 S.E.2d 730 (1976) (see O.C.G.A. § 32-4-41).

Historical use as public road.

- County's right to the roadway depends on the historical use of the roadway as a public road, not on any express grant of the property to the county or on any express dedication of the property for use as a roadway. Clack v. Henry County, 261 Ga. 623, 409 S.E.2d 647 (1991).

Assumption of duty.

- After the trial court correctly interpreted contract provisions as only requiring the defendant to install traffic control devices, or to take preventative or corrective action when traffic related problems were caused from preexisting hazards or by the defendant's construction activities, the defendant did not undertake to perform the duties under paragraph (1) of O.C.G.A. §§ 32-4-41 and32-6-50(c). Adams v. APAC-Georgia, Inc., 236 Ga. App. 215, 511 S.E.2d 581 (1999).

Cited in Department of Transp. v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977); Peluso v. Central of Ga. R.R., 165 Ga. App. 215, 299 S.E.2d 51 (1983); Hendrix v. Department of Transp., 188 Ga. App. 429, 373 S.E.2d 264 (1988); Evans Timber Co. v. Central of Ga. R.R., 239 Ga. App. 262, 519 S.E.2d 706 (1999).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 95-101, 95-102, and 95-801, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Board of education may not maintain roads.

- Board of education may not use the board's funds for laying out, altering, maintaining, and improving a public, county-maintained road even though school transportation would be facilitated thereby; it is the sole duty and responsibility of the local officials in charge of county matters to lay out, alter, maintain, and improve the road in the manner the officials deem best suited to the needs of the county. 1962 Op. Att'y Gen. p. 189 (rendered under former Code 1933, §§ 95-101, 95-102, and 95-801).

When county must maintain roads annexed into municipalities.

- Because the county must maintain roads on the county road system and because public roads are not removed from the system by mere annexation into a municipality where the road lies, the county must continue to maintain roads on the county road system which are in areas annexed into a municipality until the governing authority of the county removes the roads from the county road system by appropriate action. 1976 Op. Att'y Gen. No. U76-21.

Contract for improvement of county road located in municipality.

- County may, by contract, obtain the cooperation of a municipality in the right-of-way acquisition for, and construction and maintenance of, a county road located within the municipality, but the county cannot require this of a municipality absent an appropriate contract. 1986 Op. Att'y Gen. No. U86-27.

ALR.

- Responsibility of county for injury from defect in highway, 2 A.L.R. 721.

Constitutionality of statutory provisions as to political corporations or divisions which shall bear cost of establishing or maintaining highways, 2 A.L.R. 746; 123 A.L.R. 1462.

Right of way at street or highway intersections, 37 A.L.R. 493; 47 A.L.R. 595.

Duty as regards barriers for protection of automobile travel, 86 A.L.R. 1389; 173 A.L.R. 626.

Personal liability of highway officers for damage to or trespass upon land in connection with construction or maintenance of highway, 90 A.L.R. 1481.

Governmental tort liability as to highway median barriers, 58 A.L.R.4th 559.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.