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2018 Georgia Code 46-3-204 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-204 Case Law from Google Scholar Amendments to OCGA 46-3-204

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

46-3-204. Limitations as to actions growing out of acquisition of rights of way, easements, or occupation of lands of others; damages recoverable.

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.

(Ga. L. 1939, p. 312, § 3; Code 1933, § 34C-205, enacted by Ga. L. 1981, p. 1587, § 1.)

JUDICIAL DECISIONS

Statute of limitations is constitutional.

- One-year statute of limitations under O.C.G.A. § 46-3-204 is constitutional because the statute does not violate the Equal Protection Clause of the Georgia Constitution and is not unconstitutionally vague. Daniel v. Amicalola Elec. Mbrshp. Corp., 289 Ga. 437, 711 S.E.2d 709 (2011).

Statute not governing claims against utility for noise pollution.

- Trial court properly denied summary judgment to an electrical plant operator on nearby landowners' nuisance claims. O.C.G.A. § 46-3-204 governed the acquisition of rights of way and did not apply to noise pollution claims, and the evidence as to whether the noise and vibrations from the plant were abatable nuisances or permanent nuisances was in sharp conflict. Oglethorpe Power Corp. v. Forrister, 303 Ga. App. 271, 693 S.E.2d 553 (2010).

Application to "all rights of action".

- Trial court correctly concluded that O.C.G.A. § 46-3-204 applied to the class member claims. The class was defined to include owners of land onto which the electric company unlawfully entered to erect structures; thus, the developer and other potential class members could not avoid the limiting language of the Code section by seeking equitable relief in the form of deed reformation because the Code section applied to "all rights of action." Boston Creek Holdings, LLLP v. Amicalola Elec. Mbrshp. Corp., 320 Ga. App. 375, 739 S.E.2d 811 (2013).

Claims were not time-barred.

- Property owners' claims against a utility were not time-barred because the owners filed suit within two months of the utility's alleged trespass and conversion as the destruction of more vegetation by the utility, which had previously clear cut trees on the owners' property, was new. Given the evidence that a utility representative disclaimed any easement or other right to enter the property again after the first incident, the second entry could not be deemed as a matter of law to be part of a continuing trespass. Daniel v. Amicalola Elec. Mbrshp. Corp., 289 Ga. 437, 711 S.E.2d 709 (2011).

Claims were time-barred.

- Property owners' argument that a utility defrauded the owners by claiming that the utility had no easement and no plan to enter the owners' property again did not toll the owners' claims relating to the entry of the owners' property because the trespass was completed and would not recur, and no matter what, the utility could not put back the trees and vegetation the utility had clear-cut, so the conversion was complete. There was no allegation, much less evidence, that the utility misled the owners as to a damages action. Daniel v. Amicalola Elec. Mbrshp. Corp., 289 Ga. 437, 711 S.E.2d 709 (2011).

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 A.L.R.2d 500.

Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.

Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.

PART 3 C ORPORATE NAME

46-3-220. Requirements as to corporate name generally.

  1. The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and:
    1. Shall contain the words "electric membership corporation" or an abbreviation of such words;
    2. Shall not contain any word or phrase:
      1. Which indicates or implies that the electric membership corporation is organized for any purpose other than one or more of the purposes permitted by this article and its articles of incorporation; or
      2. Which, in the reasonable judgment of the Secretary of State, is obscene;
    3. Shall not be the same as or confusingly similar to:
      1. The name of any electric membership corporation or other corporation, whether for profit or not, existing under the laws of this state;
      2. The name of any foreign corporation, whether for profit or not, or any foreign electric cooperative authorized to transact business in this state;
      3. A name the exclusive right to which is at the time reserved in the manner provided in Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," Chapter 2 of Title 14, the "Georgia Business Corporation Code," or in this article;
      4. The name of a corporation which has in effect a registration of its corporate name as provided in Chapter 2 of Title 14, the "Georgia Business Corporation Code"; or
      5. Any name prohibited by any other law of this state.
  2. Nothing in this Code section shall:
    1. Prevent the use of the name of any electric membership corporation or other corporation, whether domestic or foreign, by an electric membership corporation where the first such electric membership corporation or other corporation has consented to such use, and the name of the electric membership corporation proposing such use contains other words or characters which distinguish it from the name of the first such electric membership corporation or other corporation;
    2. Require any electric membership corporation existing on July 1, 1981, to add to, modify, or otherwise change its corporate name; or
    3. Abrogate or limit the law as to unfair competition or unfair trade practice nor derogate from the common law, principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks.
  3. Any electric membership corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of an electric membership corporation or other corporation already authorized to transact business therein or to a name already reserved or registered in such state may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element (such as, for example, the state of its incorporation in parentheses) as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states as to which it shall apply; and the corporate name with such additions shall be the name of the electric membership corporation in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states.
  4. The words "electric membership corporation" shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business in this state, other than electric membership corporations.

(Ga. L. 1937, p. 644, § 7; Code 1933, § 34C-301, enacted by Ga. L. 1981, p. 1587, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Corporations, §§ 273, 277, 283, 284, 286-294, 296-299.

C.J.S.

- 18 C.J.S., Corporations, §§ 98-105.

Cases Citing Georgia Code 46-3-204 From Courtlistener.com

Total Results: 1

Daniel v. Amicalola Electric Membership Corp.

Court: Supreme Court of Georgia | Date Filed: 2011-06-27

Citation: 711 S.E.2d 709, 289 Ga. 437, 2011 Fulton County D. Rep. 1935, 2011 Ga. LEXIS 507

Snippet: statute of limitation contained *712 in OCGA § 46-3-204. We then affirm in part and reverse in part the