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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 Georgia Code 32-7-3 From Courtlistener.com

Total Results: 2

Swims v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 1996-09-09

Citation: 475 S.E.2d 597, 267 Ga. 94, 96 Fulton County D. Rep. 3223, 1996 Ga. LEXIS 529

Snippet: by the provisions of OCGA §§ 32-7-3 and -4 is incorrect. OCGA § 32-7-3 provides that if a change in conditions

DeWolff v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 1985-01-29

Citation: 253 Ga. 744, 325 S.E.2d 140, 1985 Ga. LEXIS 563

Snippet: for county or municipal road purposes. OCGA § 32-7-3 et seq. The appellants are property owners whose