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2018 Georgia Code 32-7-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-7-3 Case Law from Google Scholar Amendments to OCGA 32-7-3

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 7. Abandonment, Disposal, or Leasing of Property Not Needed for Public Road Purposes, 32-7-1 through 32-7-5.

ARTICLE 8 CONTROL OF JUNKYARDS

32-7-3. Authority of department, counties, and municipalities to dispose of property no longer needed for public road purposes.

Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road purposes and thereafter the department, county, or municipality determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, the department or the county or municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4. Any disposition of property acquired for utility relocation, as provided for in Code Section 32-6-172, or on which utilities are located shall not be subject to Code Section 32-7-4; and no provision of this title shall be construed to prevent the department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia, as provided in Article 2 of Chapter 3 of this title.

(Code 1933, § 95A-620, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Offer to original owner of property acquired, then rezoned.

- If a county or municipality acquires land for public road purposes, rezones the land in a manner increasing the land's value, and then decides to sell the property, the county or municipality has decided that the property was no longer needed for public road purposes at the time of the rezoning and, thus, the property must be offered to the original owner based on the land's value under the land's pre-rezoning classification. DeWolff v. Fulton County, 253 Ga. 744, 325 S.E.2d 140 (1985).

Application.

- Trial court properly granted summary judgment to a county and purchaser, because the prior owner of the property condemned by the county never had a binding contract with the county to re-purchase a remnant, unused portion and there was no conflict between O.C.G.A. §§ 32-7-3,32-7-4, and36-9-3(h) and the county's code amendment. Hubert Props., LLP v. Cobb County, 318 Ga. App. 321, 733 S.E.2d 373 (2012).

Cited in Hall County Historical Soc'y, Inc. v. Georgia DOT, 447 F. Supp. 741 (N.D. Ga. 1978); Swims v. Fulton County, 267 Ga. 94, 475 S.E.2d 597 (1996).

Cases Citing O.C.G.A. § 32-7-3

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Swims v. Fulton Cnty., 475 S.E.2d 597 (Ga. 1996).

Cited 3 times | Published | Supreme Court of Georgia | Sep 9, 1996 | 267 Ga. 94, 96 Fulton County D. Rep. 3223

...Swims does not contest the public purpose served by the exchange between the DOT and Fulton County and does not allege insufficient consideration. Thus, the requirements of OCGA § 32-3-3(b) have been met by the exchange here. (2) Swims' contention that the exchange is governed by the provisions of OCGA §§ 32-7-3 and -4 is incorrect. OCGA § 32-7-3 provides that if a change in conditions causes the DOT, a county or a municipality to determine that property acquired for public road purposes is no longer needed for such purposes, the entity is authorized to "dispose of" property....
...acquisition, not disposal. The concepts of exchange and disposal are separate and distinct, as evidenced by the language of OCGA § 32-7-5(a), which characterizes the authority to lease property as being in addition to "the authority granted in Code Section 32-7-3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property." When the DOT condemned Swims' property, it acquired a fee simple interest, Sadtler v....
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DeWolff v. Fulton Cnty., 253 Ga. 744 (Ga. 1985).

Published | Supreme Court of Georgia | Jan 29, 1985 | 325 S.E.2d 140

Marshall, Presiding Justice. This case involves questions concerning the disposal of property acquired, but later found not to be needed, for county or municipal road purposes. OCGA § 32-7-3 et seq....
...ns’ motion for summary judgment was denied. This appeal follows. As previously stated, the cited Code sections concern municipal and county procedures for the disposal of property acquired, but later found not needed for public road purposes. 1. Section 32-7-3 provides, in pertinent part, that, “Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road purposes and thereafter the department, county, or municipality determines that...
...tions, the department or the county or municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4.” 2. Under § 32-7-4 (a) (1), the county or municipality, in disposing of property under § 32-7-3, is required to notify in writing (or by publication if his address is unknown) the party from whom the property is acquired, and “he shall have the right to acquire, as provided in this subsection, the property with respect to which the...
...In this regard, § 32-7-5 (a) provides, “In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7-3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may, notwithstanding Article 2 of Chapter 16 of Title 50, the ‘State Properties Code,’ improve, use, maintain, or lease any...
...Britt Harris, Jr., for appellants. Dillard, Greer, Westmoreland & Wilson, Richard W. Wilson, Jr., Franklin N. Biggins, for appellees. 4. We agree that the rezoning of property acquired for public road purposes does not, in itself, invoke the provisions of § 32-7-3 et seq....