O.C.G.A.

O.C.G.A. § 36-39-34 (2019)

Construction of chapter

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Annotations

Cross references. - Acquisition of property by counties, municipalities, or other governmental entities for transportation purposes generally, T. 32, C. 3. Powers of municipalities with respect to municipal street systems generally, § 32-4-90 et seq.

Editor’s notes. - Paragraph (11.1) of Ga. L. 1982, p. 3, § 36, effective November 1, 1982, repealed this chapter, but that repealer was in turn repealed by Ga. L. 1982, p. 502, § 2, effective November 1, 1982.

JUDICIAL DECISIONS Constitutionality. - This chapter is not unconstitutional on the ground that it is in conflict with Ga. Const. 1877, Art. I, Sec. IV, Para. I (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929). This chapter is not unconstitutional on the ground that it is general in its nature but not uniform in its operation, because it is made an alternative method

of procedure, and its application is dependent upon its adoption by a favorable vote of the electors, whereas the Constitution does not contemplate the enactment of a law general in its nature, the application of which shall be optional with the municipality, either under a prior local law or a local law enacted subsequent to such general law. Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929).

RESEARCH REFERENCES ALR. - Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 A.L.R.4th 1197.

Legal aspects of speed bumps, 60 A.L.R.4th 1249.