O.C.G.A.
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.
All rights of action accruing against any electric membership corporation growing out of the acquisition of rights of way or easements or the occupying of lands of others by such electric membership corporations shall be barred at the end of 12 months from the date of the accrual of such cause of action; and in cases where any such electric membership corporation is in possession of the lands of others without having condemned the property as provided, and such electric membership corporation is using any such land of another for any of the purposes for which an electric membership corporation may be created under this article, and the owners of the land took no legal steps to prevent the occupation of the land by the electric membership corporation, the rights of the owner of the land shall be limited to whatever damages may have been caused to his realty by such occupation; and this limitation shall apply to all persons whether sui juris or not.
History
(Ga. L. 1939, p. 312, § 3; Code 1933, § 34C-205, enacted by Ga. L. 1981, p. 1587, § 1.)
Annotations
JUDICIAL DECISIONS Cited in Starr v. Central Ga. Elec. Membership Corp., 143 Ga. App. 528, 239 S.E.2d 241 (1977); Webster v. Snapping Shoals Elec.
Membership Corp., 176 Ga. App. 265, 335 S.E.2d 637 (1985).
RESEARCH REFERENCES Am. Jur. 2d. - 26 Am. Jur. 2d, Eminent Domain, §§ 136. 171 et seq. 27 Am. Jur. 2d, Eminent Domain, §§ 910, 911, 912, 917. C.J.S. - 29 C.J.S., Electricity, § 59. ALR. - Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 ALR2d 500.
Settlement negotiations as estopping reliance on statute of limitations, 39 ALR3d 127. Fraud as extending statutory limitations period for contesting will or its probate, 48 ALR4th 1094.
Part 3 Corporate Name
Notes of Decisions
Daniel v. Amicalola Elec. Membership Corp., 711 S.E.2d 709 (Ga. 2011).
· cites it 54× “We affirm the trial court’s rejection of the Daniels’ constitutional challenges to the one-year statute of limitation contained in OCGA § 46-3-204. We then affirm in part and reverse in part the grant of summary judgment because issues of *438 material fact remain regarding the…”
Oglethorpe Power Corp. v. Forrister, 693 S.E.2d 553 (Ga. Ct. App. 2010).
· cites it 16× “Therefore, the landowners' 2007 complaints are barred by the expiration of one of two statutes of limitation: the twelve-month statute of limitation for certain claims against EMCs under OCGA § 46-3-204, or the four-year statute for trespass or damage to realty under OCGA §…”
Webster v. Snapping Shoals Elec. Membership Corp., 335 S.E.2d 637 (Ga. Ct. App. 1985).
· cites it 4× “Webster’s action against appellees is barred by OCGA § 46-3-204 which provides that “[a]ll rights of actions accruing against any electric membership corporation growing out of the acquisition of rights-of-way or easements or the occupying of lands of others .”
Boston Creek Holdings, LLLP v. Amicalola Elec. Membership Corp., 739 S.E.2d 811 (Ga. Ct. App. 2013).
· cites it 10× “In this discretionary appeal, Boston Creek appeals the denial of its motion for joinder to convert its suit into a class action, contending that the trial court incorrectly concluded that the claims in the amended complaint were barred by the one-year statute of limitation in…”
Boston Creek Holdings v. Amicalola Elec. Membership Corp (Ga. Ct. App. 2013).
· cites it 8× “In this discretionary appeal, Boston Creek appeals the denial of its motion for joinder to convert its suit into a class action, contending that the trial court incorrectly concluded that the claims in the amended complaint were barred by the one-year statute of limitations in…”
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