O.C.G.A. § 32-6-115 (2019)
Conducting commercial enterprises or activities on property on which limited-access roads have been constructed
Except as otherwise provided in this Code section and Code Section 32-6-116, no commercial enterprise or activities shall be authorized or conducted by the department or any other agency or by a county or municipality of the state, within or on the property on which have been constructed limited-access roads as defined in this article, provided that the term ‘‘commercial enterprise or activities’’ shall not be so construed as to prevent the installation of public utility facilities, to the extent that it is authorized by law, or as to prevent the proper management of property acquired for future construction of public roads, including limited-access roads, as such acquisition is authorized in Article 1 of Chapter 3 of this title.
History
Ga. L. 1955, p. 559, § 3; Code 1933, § 95A-936, enacted by Ga. L.
1973, p. 947, § 1; Ga. L. 1973, p. 1401, § 1.
Annotations
JUDICIAL DECISIONS Cooperating governmental entities not liable for each other’s torts. - While the law authorizes cooperation of counties and municipal corporations with the State Highway Department (now Department of Transportation) for the purpose of establishing limited access highways, there is nothing in statute or in the
law generally which expressly or by implication makes one of the cooperating governmental entities liable for unilateral tortious acts of another cooperating governmental entity in a project of this type. Madden v. Fulton County, 102 Ga. App. 19, 115 S.E.2d 406 (1960).
OPINIONS OF THE ATTORNEY GENERAL Authority to issue license for rail line. - Department of Transportation has authority to issue a revocable license to a company constructing and operating a rapid rail passenger service line to cross
the rights-of-way of several state routes so long as consideration is received which represents a substantial benefit to the public. 1995 Op. Att’y Gen. No. 95-45.
RESEARCH REFERENCES ALR. - Effect of expiration of charter of turnpike or tollroad company on title to road, 30 A.L.R. 206. Abutting owner’s right to damages or
other relief for loss of access because of limited-access highway or street, 43 A.L.R.2d 1072; 42 A.L.R.3d 13; 42 A.L.R.3d 148.