O.C.G.A.

O.C.G.A. § 32-6-112 (2019)

Acquisition of property and property rights

✓ 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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The department, a county, or a municipality may acquire private property and property rights for limited-access facilities and service roads, including rights of access, of view, of air, and of light through gift, devise, purchase, or condemnation in the same manner as such governmental units are authorized by law to acquire such property or property rights in connection with public roads within their respective jurisdictions. Public property or an interest therein may be acquired for such purposes by the department or by a county or municipality by any method authorized by law for such acquisition other than condemnation. The acquisition of public property or an interest therein for such purposes by condemnation may be accomplished by the department pursuant to the provisions of subsection (b) of Code Section 32-3-4 when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. As used in this Code section, the term ‘‘public property’’ has the meaning provided for in Code Section 50-16-180. In the process of acquiring property or property rights for any limited-access facility, the department or the county or municipality, in its discretion, may acquire an entire lot, block, or tract of land if, by so doing, the interest of the public will best be served.

History

Ga. L. 1955, p. 559, § 5; Code 1933, § 95A-938, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1986, p. 1187, § 5.

Annotations

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

JUDICIAL DECISIONS Department lacks power to condemn public property. - O.C.G.A. § 32-6-112 does not confer on the Department of Transportation the power to condemn public property as the law only authorizes the department to acquire

property ‘‘in the same manner’’ as the department is otherwise authorized by law to acquire property. DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

RESEARCH REFERENCES ALR. - Abutting owner’s right to damages or limitation of access caused by conversion of conventional road into limited-access highway, 42 A.L.R.3d 13.

Measure and elements of damage for limitation of access caused by conversion of conventional road into limited-access highway, 52 A.L.R.3d 148.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).

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Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985). · cites it 50× “As for limited access highways, which this is, in OCGA § 32-6-112 the General Assembly provided DOT the procedure to condemn public property for such highways "in the same manner" as authorized by law for "public roads," saying: "The department, a county, or a municipality may…”

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.