O.C.G.A.

O.C.G.A. § 46-3-38 (2019)

Applicability of part to moving or transportation of houses or buildings

✓ 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.

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In addition to the exceptions set forth in Code Section 46-3-37, this part shall not be construed as applying to and shall not apply to the moving or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Georgia Public Service Commission.

History

(Ga. L. 1960, p. 181, § 4; Code 1981, § 46-3-37; Code 1981, § 46-3-38, as redesignated by Ga. L. 1992, p. 2141, § 1.)

Annotations

Editor’s notes. - Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-38 as present Code Section 46-3-39.

Notes of Decisions

Cited in 4 cases, 1983–2003 · leading case: Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997).

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Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997). · cites it 4× “In so holding, the Supreme Court pointed to the language of former OCGA § 46-3-38 (Code Ann. § 34B-209), which provided in its entirety: "`Nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of…”

Malvarez v. Georgia Power Co., 300 S.E.2d 145 (Ga. 1983). · cites it 2× “One whose injury is caused by negligent installation or maintenance of high-voltage lines, even where such injury occurs while engaged in acts enumerated in OCGA § 46-3-32 (Code Ann.”

Arizona Pub. Serv. Co. v. Shea, 742 P.2d 851 (Ariz. Ct. App. 1987). “Code § 37-8-55 (1975); Ga.Code Ann. § 46-3-38 (1982); cf. Malvarez v.”

Williams v. Mitchell Cnty. Elec. Membership Corp., 582 S.E.2d 107 (Ga. 2003). · cites it 2× “However, the Malvarez opinion relied upon the language of then-OCGA § 46-3-38, which read: “Nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of high-voltage lines with respect to damage or…”

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.