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2018 Georgia Code 46-3-201 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-201 Case Law from Google Scholar Amendments to OCGA 46-3-201

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 4 ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES

46-3-201. Existence of electric membership corporations under articles of incorporation; duration of corporations; powers of corporations generally.

  1. Subject to any limitations provided in this article, or in any other law, and consistent with the purposes set forth in this article, each electric membership corporation:
    1. Shall exist under articles of incorporation;
    2. Shall have perpetual duration unless a limited period of duration is stated in its articles of incorporation; provided, however, that each electric membership corporation existing or continuing to operate as an electric membership corporation after the expiration of the period of duration stated in its articles of incorporation or any renewal thereof, on July 1, 1981, shall have perpetual duration unless its articles of incorporation are amended under this article to provide for a limited period of duration. The existence of any such electric membership corporation whose articles of incorporation were expired on July 1, 1981, shall be deemed to have continued without interruption from the date of such expiration;
    3. Shall have power:
      1. To cease its corporate activities and surrender its corporate franchise;
      2. To renew or revive its corporate existence in case a limited period of duration is fixed in its articles of incorporation; and
      3. To sue and be sued and to complain and defend in all courts and to participate in any judicial, administrative, arbitrative, or other action or proceeding.
  2. Subject to any limitations provided in this article or in any other law, and consistent with the purposes set forth in this article, each electric membership corporation shall have power:
    1. To conduct its business, carry on its operations, have offices, and exercise its powers granted by this article at any location within or outside of this state;
    2. To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the electric membership corporation;
    3. To elect, appoint, or hire officers, employees, and other agents of the electric membership corporation; to define their duties; and to fix their compensation and the compensation of directors;
    4. To have a corporate seal which may be altered at pleasure and to use the seal by causing it or a facsimile thereof to be impressed or affixed or in any other manner reproduced;
    5. To purchase; take; receive by gift, will, or otherwise; lease; or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated;
    6. To sell, convey, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets or any interest therein, wherever situated;
    7. To generate, manufacture, purchase, acquire, and accumulate electricity, and to transmit, distribute, sell, furnish, and dispose of such electricity;
    8. To assist its members in any manner in the efficient and economical use of energy, including, but not limited to, the installation of wiring, insulation, electrical machinery, supplies, apparatus, and equipment of any and all kinds or character;
    9. To acquire, own, hold, use, exercise, and, to the extent permitted by law, sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights of way, and easements necessary, useful, or appropriate. Any such electric membership corporation shall have the right to acquire rights of way, easements, and all interests in realty necessary and appropriate to effectuate the purposes of such electric membership corporation by condemnation under the same procedure and terms as provided by Title 22 and any other law of this state which provides a method or procedure for the condemnation of property for public purposes by all persons or corporations having the privilege of exercising the right of eminent domain;
    10. In connection with the acquisition, construction, improvement, operation, or maintenance of its lines, to use any highway or any right of way, easement, or other similar property right owned or held by the state or any political subdivision thereof, subject to reasonable rules and regulations as to safety as may be promulgated by the State Transportation Board or subject to such reasonable terms and conditions as the governing body of such political subdivision shall determine;
    11. To make any and all contracts necessary or convenient for the exercise of the powers granted in this article, including, but not limited to, contracts with any person, federal agency, or municipality for the purchase or sale of energy; and, in connection with any such contract, to stipulate and agree to such covenants, terms, and conditions as the board of directors may deem appropriate, including, but not limited to, covenants, terms, and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and the manner of disposing of the revenues of the system operated and maintained by the electric membership corporation;
    12. To make and enter into contracts of guaranty, whether or not the electric membership corporation has a direct interest in the subject matter of the contract with respect to which it acts as guarantor or surety;
    13. To incur obligations and liabilities, borrow money, issue its notes, bonds, and other obligations, and to execute and deliver any one or more mortgages, deeds of trust, or deeds to secure debt covering, or to create by other means a security interest in, any or all of the real or personal property, assets, rights, privileges, licenses, franchises, and permits of the electric membership corporation or any interest therein, as well as the revenues therefrom, whether acquired or to be acquired, and wherever situated, for the purpose of securing the payment or performance of any one or more contracts, notes, bonds, or other obligations of the electric membership corporation;
    14. To purchase, take, receive, subscribe for, or otherwise acquire; to own, hold, vote, use, or employ; to sell, lend, or otherwise dispose of; to mortgage, pledge, create a security interest in, or otherwise encumber; and otherwise to use and deal in and with shares or other interests in or obligations of electric membership corporations or other domestic or foreign corporations, whether for profit or not, associations, partnerships, or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district, or municipality or any instrumentality thereof;
    15. To form or acquire the control of other electric membership corporations, foreign electric cooperatives, and other corporations, whether domestic or foreign;
    16. To participate with any other person or persons in any corporation, partnership, transaction, arrangement, operation, organization, or venture, even if such participation involves sharing of control with or delegation of control to others;
    17. To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested;
    18. To make donations, irrespective of corporate benefit, for the public welfare or for community fund, hospital, charitable, scientific, educational, civic, or similar purposes, and in time of war or other national emergency in aid of the national effort with respect thereto;
    19. At the request or direction of the United States government or any agency thereof, to transact any lawful business in time of war or national emergency or in aid of national defense;
    20. To procure for its benefit insurance on the life of any of its directors, officers, or employees or any other person whose death might cause financial loss to the electric membership corporation;
    21. To reimburse and indemnify litigation expenses of directors, officers, and employees and to purchase and maintain liability insurance for their benefit;
    22. To purchase and otherwise acquire and dispose of its own securities;
    23. To pay pensions and establish and carry out pension, savings, thrift, and other retirement, incentive, and benefit plans, trusts, and provisions for any or all of its directors, officers, and employees;
    24. To fix, regulate, and collect rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the electric membership corporation;
    25. To assist any other electric membership corporation in the execution of its purposes and powers under this article; and
    26. To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the electric membership corporation is organized.
  3. It shall not be necessary to set forth in the articles of incorporation any of the powers enumerated in this Code section.
  4. The articles of incorporation may limit or expand the powers conferred by subsection (b) of this Code section in any manner not inconsistent with any other provisions of this article or any other law or with the purposes of electric membership corporations.

(Ga. L. 1937, p. 644, § 4; Ga. L. 1939, p. 312, § 2; Ga. L. 1957, p. 604, §§ 1, 2; Ga. L. 1980, p. 72, § 1; Code 1933, § 34C-202, enacted by Ga. L. 1981, p. 1587, § 1; Ga. L. 1984, p. 22, § 46.)

Law reviews.

- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).

JUDICIAL DECISIONS

Section applies to corporation chartered before section enacted.

- The provisions of Ga. L. 1939, p. 312, § 2 (see O.C.G.A. § 46-3-201) authorizing electrical membership corporations to exercise the power of eminent domain apply to a corporation chartered before the date of the approval of the Act enacting that section. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950).

Necessity or appropriateness of proposed project.

- Pursuant to O.C.G.A. § 46-3-201(b)(9), the electric corporation, which had to condemn property in order to effectuate its project, did not have to demonstrate to the county the necessity or the appropriateness of its proposed project; thus, the county ordinance prohibiting the electric lines for three years was unconstitutional. Rabun County v. Ga. Transmission Corp., 276 Ga. 81, 575 S.E.2d 474 (2003).

Discretion in selection of location of route of transmission line.

- Where an electric membership corporation has the right to condemn private property for rights of way for the construction and operation of electric transmission lines, it has a large discretion in the selection of a location for its route over such property; and unless such discretion has been abused, it will not be controlled or interfered with by the courts. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950).

No right of action for destruction of telephone service.

- Under Ga. L. 1939, p. 312, § 2 (see O.C.G.A. § 46-3-201) a telephone company has no cause of action for damages allegedly resulting from acts of an electric company in so placing its lines as to destroy the plaintiff's telephone service. Planters Elec. Membership Corp. v. Savannah Valley Tel. Co., 66 Ga. App. 627, 18 S.E.2d 788 (1942).

Sale of satellite dishes.

- An electric membership corporation must require a consumer to be a member of that EMC before the EMC can sell a satellite dish to the consumer. Washington Elec. Membership Corp. v. Avant, 256 Ga. 340, 348 S.E.2d 647 (1986).

Utility's power of eminent domain.

- Forsyth County, Ga., Unified Development Code §§ 21-6.1, 21-6.5, were defective because they required a utility to successfully comply with the ordinance's procedures, and authorized the county to deny "any or all" portions of an application; as such, they were unconstitutional infringements on the utility's legislatively-delegated power of eminent domain. Forsyth County v. Ga. Transmission Corp., 280 Ga. 664, 632 S.E.2d 101 (2006).

Requirement that action be "brought" in a particular county is not equivalent to a requirement that action be tried there. Thompson v. Sawnee Elec. Membership Corp., 157 Ga. App. 561, 278 S.E.2d 143 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Cooperative Associations, § 30. 19 Am. Jur. 2d, Corporations, §§ 1990-1999, 2001-2008, 2037-2123. 27A Am. Jur. 2d, Energy and Power Sources, § 39.

C.J.S.

- 29 C.J.S., Electricity, §§ 15-23.

ALR.

- Furnishing electricity to public as public use or purpose for which power of eminent domain may be exercised, 44 A.L.R. 735; 58 A.L.R. 787.

Elements and measure of compensation for power lines or other wire lines over private property, 49 A.L.R. 697; 124 A.L.R. 407.

Liability of gas or electric light or power company for injury to fireman, policeman, or other public employee seeking to prevent damage to person or property of others, 61 A.L.R. 1028.

Right to cut off supply of electricity or gas because of nonpayment of service bill or charges, 112 A.L.R. 237.

Right of electrical company to discriminate against a concern which desires service for resale, 112 A.L.R. 773.

Use of streets and highways by cooperative utility, 172 A.L.R. 1020.

Correlative rights of dominant and servient owners in right of way for electric line, 6 A.L.R.2d 205.

Deposit required by public utility, 43 A.L.R.2d 1262.

Electric light or power line in street or highway as additional servitude, 58 A.L.R.2d 525.

Validity of contract between public utilities other than carriers, dividing territory and customers, 70 A.L.R.2d 1326.

Co-operative associations: rights in equity credits or patronage dividends, 50 A.L.R.3d 435.

Right of public utility to deny service at one address because of failure to pay for past service rendered at another, 73 A.L.R.3d 1292.

Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility's having power of eminent domain, 87 A.L.R.3d 1265.

Cases Citing O.C.G.A. § 46-3-201

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Athens-Clarke Cnty. v. Walton Elec. Membership Corp., 265 Ga. 229 (Ga. 1995).

Cited 12 times | Published | Supreme Court of Georgia | Mar 13, 1995 | 454 S.E.2d 510, 95 Fulton County D. Rep. 914

...We therefore conclude that the unified government is authorized pursuant to OCGA § 46-3-14 (b) to assess franchise fees against the EMC. The Court of Appeals opined that the unified government’s authority under its charter to grant franchises and to prescribe conditions therefor conflicts with OCGA § 46-3-201 (b) (10), a provision of the general law contained in the Georgia Electric Membership Corporation Act....
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Oglethorpe Power Corp. v. Goss, 322 S.E.2d 887 (Ga. 1985).

Cited 9 times | Published | Supreme Court of Georgia | Nov 28, 1985 | 253 Ga. 644

...BELL, Justice. Oglethorpe Power Corporation is incorporated under the Georgia Electric Membership Corporation Act, see OCGA Ch. 46-3, Art. 4, for the purposes of, inter alia, providing electric energy and service to its members and others. Pursuant to OCGA § 46-3-201 (b) (9), Oglethorpe Power was granted the power of eminent domain in order to enable it to effectuate its corporate purposes....
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City of Calhoun v. North Georgia Elec. Membership Corp., 264 Ga. 205 (Ga. 1994).

Cited 8 times | Published | Supreme Court of Georgia | May 2, 1994 | 443 S.E.2d 469, 94 Fulton County D. Rep. 1512

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Flint Elec. Membership Corp. v. Barrow, 523 S.E.2d 10 (Ga. 1999).

Cited 7 times | Published | Supreme Court of Georgia | Oct 20, 1999 | 271 Ga. 636, 99 Fulton County D. Rep. 3789

...orize an EMC to assist its members in the use of another energy source, promote its development, or engage in lawful activities to effect such a purpose, nothing in the GEMCA authorizes an EMC to furnish or sell another form of energy. In fact, OCGA § 46-3-201 makes it clear that, while an EMC is empowered to "assist its members ... in the efficient and economical use of energy," OCGA § 46-3-201(b)(8), it can only furnish or sell "electricity." OCGA § 46-3-201(b)(7). And while OCGA § 46-3-201(b)(26) gives an EMC "all powers necessary or convenient to effect any or all of the purposes for which the electric membership corporation is organized," it can hardly be said that it is "necessary or convenient" for Flint to sell propane gas to accomplish its purposes. Of course, Flint cannot expand its powers beyond those enumerated in the GEMCA by amending its corporate charter. OCGA § 46-3-201(d)....
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Rabun Cnty. v. Georgia Transmission Corp., 575 S.E.2d 474 (Ga. 2003).

Cited 5 times | Published | Supreme Court of Georgia | Jan 13, 2003 | 276 Ga. 81, 2003 Fulton County D. Rep. 140

...nd is a nonprofit electric membership corporation, organized and incorporated pursuant to OCGA § 46-3-170. GTC is comprised of 39 affiliated electric membership corporations and is authorized to exercise the power of eminent domain pursuant to OCGA § 46-3-201(b)(9)....
...stricts only the construction or installation of high voltage transmission lines within Rabun County for three years. But examination of the ordinance belies this contention. Certainly, GTC is empowered to exercise eminent domain as provided in OGGA § 46-3-201(b)(9)....
...corporation, while vested with the power of eminent domain, is authorized to acquire by condemnation interests in realty only when such interests are "necessary and appropriate to effectuate the purposes" of the electric membership corporation. OCGA § 46-3-201(b)(9)....
...inent domain may be exercised." OCGA § 22-1-3. And the legislature has unquestionably delegated to and vested electric membership corporations with the power of eminent domain to effectuate the purpose of furnishing electric power and service. OCGA § 46-3-201(b)(9)....
...NOTES [1] Route "D" will traverse lands of the United States Forest Service, and GTC is attempting to obtain the necessary permitting. GTC represents that in the event the permitting is denied, it will select an alternate route within Rabun County for construction of the power line. [2] OCGA § 46-3-201(b)(9) states: (b) Subject to any limitations provided in this article or in any other law, and consistent with the purposes set forth in this article, each electric membership corporation shall have power: ......
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Walton Elec. Membership Corp. v. Snyder, 508 S.E.2d 167 (Ga. 1998).

Cited 4 times | Published | Supreme Court of Georgia | Oct 26, 1998 | 270 Ga. 62, 98 Fulton County D. Rep. 3567

...An EMC is also possessed of a public duty, and as such, an action in tort for wrongful termination of utilities will lie. 2. Walton contends that, as a matter of public policy, punitive damages should not be assessed against an EMC. An EMC has statutory power to sue and be sued, see OCGA § 46-3-201(a)(3)(C), and there is no statutory exemption from liability for punitive damages....
...NOTES [1] Walton is a member-owned electric supply corporation, also known as an "electric co-op." [2] That EMCs are intended to have a public duty can be seen in their stated purposes, OCGA § 46-3-200, and the breath of authority given them, such as the power to condemn property. OCGA § 46-3-201 (b)(9)....
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Forsyth Cnty. v. Georgia Transmission Corp., 632 S.E.2d 101 (Ga. 2006).

Cited 3 times | Published | Supreme Court of Georgia | Jun 26, 2006 | 280 Ga. 664

...[any] "[a]ction affecting the exercise of the power of eminent domain." (Emphasis supplied.) Art. IX, § II. Para. I(c)(6). The general law authorizes an EPUC to exercise the power of eminent domain to effectuate the purpose of furnishing electric power and service. See OCGA §§ 46-3-201(b)(9) [1] and 22-3-20....
...f intent by the legislature that such immunity be extended." Id. at 490(6), 314 S.E.2d 218. Forsyth County submits that this holding should subject EPUCs, also nonprofit corporations, to local zoning regulations. The obvious distinction is that OCGA § 46-3-201(b)(9) provides a clear expression of legislative intent to delegate the power of eminent domain to EPUCs such as GTC, and in that regard, to exempt it from local zoning laws....
...ty, supra at 368(2), 578 S.E.2d 852. Since the cross-appeal presents nothing for this Court to review, it must be dismissed. Judgment affirmed in Case No. S06A0421; cross-appeal dismissed in Case No. S06X0422. All the Justices concur. NOTES [1] OCGA § 46-3-201(b)(9) provides: (b) Subject to any limitations provided in this article or in any other law, and consistent with the purposes set forth in this article, each electric membership corporation shall have power: ....
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Washington Elec. Membership Corp. v. Avant, 256 Ga. 340 (Ga. 1986).

Cited 1 times | Published | Supreme Court of Georgia | Oct 8, 1986 | 348 S.E.2d 647

.... . the acquisition, supply, or installation of electrical or plumbing equipment. . . .” Code Ann. § 34B-103. OCGA § 46-3-200 states that one purpose of an EMC is “[to] assist its members in the efficient and economical use of energy.” OCGA § 46-3-201 (b) (8) grants each EMC the power “to assist its members in any manner in the economical use of energy, including, but not limited to the installation of wiring, insulation, electrical machinery, supplies, apparatus, and equipment of any and all kinds of character.” OCGA § 46-3-201 (b) (26) grants EMCs the power “[to] have and exercise all powers necessary or convenient to effect any or all of the purposes for which the electric membership corporation is organized.” OCGA § 46-3-201 also states that the powers granted to the EMCs may only be exercised as far as they are consistent with the purposes set out for EMCs in OCGA § 46-3-200. The original statement of purposes permitted EMCs to sell electrical appliances to their members....