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O.C.G.A. § 32-6-172 — Authority of department to obtain replacement right of way for relocated utility | Georgia Code
O.C.G.A. § 32-6-172 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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 6 PUBLIC UTILITIES

32-6-172. Authority of department to obtain replacement right of way for relocated utility.

  1. Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility, provide a replacement right of way.
  2. Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs.
  3. Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner.

(Code 1933, § 95A-1003, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1961, p. 517, as amended, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Property appropriation for location of gas company's interstate gas line.

- State Highway Department (now Department of Transportation) may take property for relocation of gas company's interstate gas line when it was in interest of safety and prevents inconvenience to public using gas line and when acquisition is in furtherance of and reasonably for a public state highway use. Benton v. State Hwy. Dep't, 111 Ga. App. 861, 143 S.E.2d 396 (1965) (decided under Ga. L. 1961, p. 517).

RESEARCH REFERENCES

ALR.

- Constitutionality of state legislation to reimburse public utilities for cost of relocating their facilities because of highway construction, conditioned upon federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 U.S.C. § 123), 75 A.L.R.2d 419.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.