O.C.G.A.

O.C.G.A. § 44-9-45 (2019)

Maintenance of private way by condemnor; failure to maintain as abandonment

✓ 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

Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of the private way; and the title thereto shall revert to the owner of the property over which the private way was condemned or his successors in title.

History

Code 1933, § 83-105-A, enacted by Ga. L. 1967, p. 143, § 2.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Easements and Licenses, § 112 et seq. C.J.S. 28A C.J.S., Easements, § 124 et seq.

ALR. Reversion of title upon abandonment or vacation of public street or highway, 18 A.L.R. 1008; 70 A.L.R. 564.

Notes of Decisions

Cited in 4 cases, 2000–2014 · leading case: Freeman v. Sorchych, 245 P.3d 927 (Ariz. Ct. App. 2011).

Sort: Relevance Newest Treatment

Freeman v. Sorchych, 245 P.3d 927 (Ariz. Ct. App. 2011). “Code § 845 (West 2007) (requiring that owners of an easement share costs of maintenance and repair); Ga.Code Ann. § 44-9-45 (West 2010) (providing that a condemnor or successors in title must maintain a private way or else it shall be deemed abandoned), it has largely remained…”

S-D Rira, LLC v. Outback Prop. Owners' Ass'n, 765 S.E.2d 498 (Ga. Ct. App. 2014). · cites it 2× “See also OCGA § 44-9-45. Even under this statute, however, the trial court has the discretion to deny the petition if it finds .”

Hensley v. Henry, 541 S.E.2d 398 (Ga. Ct. App. 2000). · cites it 2× “Pursuant to OCGA § 44-9-45, Henry or his successor in title must maintain the private way and keep it open and in good repair.”

S-D Rira, Inc. v. the Outback Prop. Owners' Ass'n, Inc. (Ga. Ct. App. 2014). · cites it 2× “See also OCGA § 44-9-45. Even under this statute, however, the trial court has the discretion to deny the petition if it finds “that the condemnor owns a right of access, ingress, and egress to his property over another route or owns an easement to a right of private way over…”

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.