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2018 Georgia Code 32-6-112 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-112 Case Law from Google Scholar Amendments to OCGA 32-6-112

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 4 LIMITED-ACCESS ROADS

32-6-112. Acquisition of property and property rights.

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.

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

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.

Cases Citing O.C.G.A. § 32-6-112

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Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).

Cited 40 times | Published | Supreme Court of Georgia | Oct 8, 1985 | 255 Ga. 124

...the contents of the declaration of taking, the deposit of estimated compensation, and service of process. OCGA §§ 32-3-5 through 32-3-8. This is known as the "declaration of taking" procedure. 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 acquire private or public property and property rights for limited-access facilities and service roads ....
...r property rights in connection with public roads within their respective jurisdictions." The "same manner" refers, at least, to the "declaration of taking" procedure provided by OCGA § 32-3-4 et seq., supra. [1] The majority's construction of OCGA § 32-6-112, supra, is that the General *139 Assembly accomplished nothing by including the words "public property" in that Code section....
...No doubt courts could sometimes better legislation by rejecting some of the words delivered to them by the legislature for construction; but to do this courts have no power.' (Emphasis supplied.) Smith v. Davis, supra, p. 631." Because the majority refuse to give any effect to the words "public property" in OCGA § 32-6-112, I dissent to Division 3 (b) of the majority opinion, including what is said on motion for reconsideration....
...Thus ends the interstate highway project — permanently. Such a rule is more appropriate to a game of Parcheesi than to the operation of a department of government. I am authorized to state that Presiding Justice Marshall joins in this dissent. ON MOTION FOR RECONSIDERATION. The DOT cites OCGA § 32-6-112 as authority for the condemnation of the parks involved in this case. OCGA § 32-6-112 enables the DOT to acquire property for limited access roads in the same manner that it may acquire property for other roads. OCGA § 32-6-112 states, "The department, a county, or a municipality may acquire private or public property and property rights for limited-access facilities and service roads, including rights of access, of view, of air, and of light through gift, devis...
...e section gives the department no authority to condemn public property that it otherwise could not condemn. "Public property" simply does not, as the DOT contends, apply by necessity to each of the four methods of property acquisition listed in OCGA § 32-6-112....
...ipalities "shall be subject to such municipal consent as may be provided by law." This statute applies to limited access facilities that lie within municipalities, not just limited access facilities upon municipal property. The DOT's reading of OCGA § 32-6-112 conflicts with OCGA § 32-6-111 (a), in that Code § 32-6-111 (a) requires municipal consent, and Code § 32-6-112 would, in the next breath, enable the DOT to render that requirement useless....
...ed to them by the legislature for construction; but to do this courts have no power." Smith v. Davis, 85 Ga. 625, 631 (11 SE 1024) (1890). OCGA § 32-6-111 (a) not only distinguishes condemnation from other methods of property acquisition under OCGA § 32-6-112, it also supports the appellee's position that the legislature did not intend to expand the DOT's power and authorize condemnation of public property in enacting OCGA § 32-6-112....
...299 (127 SE2d 803) (1962), is inapplicable here. In that case the Highway Department sought to use the 1961 declaration of taking procedure applicable to "state aid roads" to condemn private property for a "limited access [interstate] highway" as authorized by a 1955 act (now OCGA § 32-6-112)....
...1973, p. 947, § 95A-603, so that the declaration of taking procedure became applicable to all public roads. This legislative history shows that it was the intent of the General Assembly to allow DOT to condemn property for limited access highways, OCGA § 32-6-112, by use of the declaration of taking procedure provided by OCGA § 32-3-4.