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2018 Georgia Code 32-6-199 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-199 Case Law from Google Scholar Amendments to OCGA 32-6-199

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

32-6-199. Improvement of existing underpass or overpass.

Whenever an existing underpass or overpass involving railroads is unsafe or inadequate to serve reasonably the traffic for which it was constructed, the department, the county, or the municipality may proceed to bring about improvement of said existing structure. In such event the procedure, division of the costs of construction, and maintenance responsibilities in regard to such improvement shall be as provided in Code Sections 32-6-194 through 32-6-198.

(Ga. L. 1927, p. 299, § 8; Code 1933, § 95-1908; Code 1933, § 95A-1013, enacted by Ga. L. 1973, p. 947, § 1.)

Cross references.

- Restriction on authority of Public Service Commission to require railroad to reconstruct underpass, trestle, or grade crossing to accommodate motor vehicle exceeding 12 feet, six inches in height, § 46-8-133.

JUDICIAL DECISIONS

Specific defects within county's responsibility.

- Trial court did not err in granting summary judgment to the builder of a one-lane railroad overpass since the builder indisputably established that the specific defects alleged by the injured driver's expert were within the county's statutory responsibility. Crouch v. CSX Transp., Inc., 203 Ga. App. 618, 417 S.E.2d 216 (1992).

OPINIONS OF THE ATTORNEY GENERAL

When department may expend funds for new overpasses.

- Department of Transportation may expend the department's funds for reconstruction of overpasses which the department has determined to be obsolete, inadequate, and unsafe to accommodate current highway traffic, or which have become so costly to maintain as to warrant replacement or reconstruction. 1971 Op. Att'y Gen. No. 71-125.

Department expenditure of funds to construct new overpasses.

- Department can expend the department's funds to construct new overpasses on same or new locations for purpose of replacing existing inadequate overpasses. 1971 Op. Att'y Gen. No. 71-125.

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