O.C.G.A.

O.C.G.A. § 32-6-199 (2019)

Improvement of existing underpass or overpass

✓ 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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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.

History

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

Annotations

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.

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: Crouch v. CSX Transp., Inc., 417 S.E.2d 216 (Ga. Ct. App. 1992).

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Crouch v. CSX Transp., Inc., 417 S.E.2d 216 (Ga. Ct. App. 1992). · cites it 4× “Granting summary judgment, the trial court found that the bridge was on a road which appellee demonstrated to be a part of the Cobb County road system and that pursuant to OCGA § 32-6-199, the determination as to when an existing overpass becomes unsafe to serve the traffic for…”

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.