Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 32-6-173 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-173 Case Law from Google Scholar Amendments to OCGA 32-6-173

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

32-6-173. Payment of expenses of removal and relocation of utility facilities.

The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section 32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest.

(Code 1933, § 95A-1004, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Utility's right to compensation for loss of easement.

- County may require a utility, at the utility's expense, to relocate the utility's equipment, even if the county's right-of-way was obtained after the utility had obtained an easement for the equipment. But in turn the utility may seek just and adequate compensation for the loss of the use of the utility's old easement, which loss would include the costs necessary to relocate to the new easement. Bibb County v. Georgia Power Co., 241 Ga. App. 131, 525 S.E.2d 136 (1999).

County liable to power company for movement of power lines from private property easement.

- Trial court properly found that a power company was entitled to compensation from a county for the taking of the company's private property easements, including the costs of relocating the electrical power and distribution poles, when the county widened a road because a 1929 franchise agreement did not apply to situations where the power company was forced by the county to relocate power transmission lines and poles that the company originally erected on private property easements. Clayton County v. Ga. Power Co., 340 Ga. App. 60, 796 S.E.2d 16 (2017).

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.

Cases Citing Georgia Code 32-6-173 From Courtlistener.com

Total Results: 2

City of MacOn v. Alltel Communications, Inc.

Court: Supreme Court of Georgia | Date Filed: 2004-05-03

Citation: 596 S.E.2d 589, 277 Ga. 823, 2004 Fulton County D. Rep. 1522, 2004 Ga. LEXIS 340

Snippet: for the department in Code Sections 32-6-171 and 32-6-173, except that when the removal and relocation have

Twiggs County v. Atlanta Gas Light Co.

Court: Supreme Court of Georgia | Date Filed: 1992-06-12

Citation: 262 Ga. 276, 417 S.E.2d 13, 92 Fulton County D. Rep. 1003, 1992 Ga. LEXIS 445

Snippet: with statutory procedures. See OCGA §§ 32-6-171; 32-6-173. Third, the ordinance’s indemnity clause exceeds