O.C.G.A.

O.C.G.A. § 32-6-133 (2019)

Promulgation of regulations; charges for permits for commercial driveways

✓ 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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(a) The department is granted the authority to promulgate uniform and reasonable regulations to carry out the provisions of this part. In making such regulations the department shall specify among other things the circumstances under which commercial driveway permits may be issued or revoked, provided that such regulations shall not deprive the landowner of reasonable access to the public road on the state highway system.

(b)(1) Where a person seeks a permit to construct, reconstruct, alter, or improve a commercial driveway and the commercial driveway will lie in whole or in part upon a parcel of land acquired for the state highway system from such person or the immediately preceding owner of such property from whom such person acquired title to such property, the total amount of money charged to such person as a condition of obtaining the permit shall not exceed the compensation received by such person or the immediately preceding owner of such property from whom such person acquired title to such property for such parcel of land upon its acquisition for the state highway system. This limitation shall apply to the total of all amounts of money of whatever character charged to such person as a condition of obtaining the permit, including without limitation any and all amounts charged for title to or use of land and any and all fees or other costs of any nature whatsoever. This subsection shall constitute only a maximum limitation upon the total amount of money charged under such circumstances and shall not in any manner be construed to establish a minimum amount of money to be charged under such circumstances.

(2) Except in the case of heirs and assigns, the limitation of the department to require a payment of more than the maximum amount received for such property as provided in paragraph (1) of this subsection shall last for only a ten-year period from the date of the initial acquisition of property by the department.

(3) This subsection shall apply with respect to land acquired for the state highway system prior to April 15, 1996, as well as land so acquired on or after April 15, 1996.

History

Code 1933, § 95A-946, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1996, p. 1010, § 4.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, in subsection (b), ‘‘ten-year’’ was substituted for

‘‘ten year’’ in paragraph (b)(2) and, in paragraph (b)(3), ‘‘April 15, 1996,’’ was substituted for ‘‘its effective date’’ and ‘‘April 15, 1996’’ was substituted for ‘‘the effective date of this subsection’’ at the end.

JUDICIAL DECISIONS Cited in DOT v. Worley, 150 Ga. App. 768, 258 S.E.2d 595 (1979).

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2023 · leading case: Keith v. Beard, 464 S.E.2d 633 (Ga. Ct. App. 1995).

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Keith v. Beard, 464 S.E.2d 633 (Ga. Ct. App. 1995). · cites it 2× “OCGA § 32-6-131 provides: “It shall be unlawful for any person to construct a new commercial driveway or to reconstruct, alter, or improve any existing commercial driveway without first obtaining a permit from the department therefor and complying with the department regulations…”

Benton v. Chatham Cnty., 425 S.E.2d 317 (Ga. Ct. App. 1992). · cites it 2× “Although DOT is given authority to promulgate uniform and reasonable regulations in implementation of the provisions of Article 5, Part 1, Title 32, OCGA, and in making the same is required to specify inter alia the circumstances under which commercial driveway permits may be…”

Georgia Dep't of Transp. v. James B. White, Jr. (Ga. Ct. App. 2023). · cites it 2× “[that] specify among other things the circumstances under which commercial driveway permits may be issued or revoked, provided that such regulations shall not deprive the landowner of reasonable access to the public road on the state highway system.”

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.