O.C.G.A.

O.C.G.A. § 46-5-97 (2019)

Limitation of actions

✓ 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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All rights of action accruing against any cooperative or any foreign corporation doing business in this state pursuant to this part, which rights of action grow out of the acquisition of rights of way or easements or the occupying of lands of others by the cooperative or foreign corporation, shall be barred at the end of 12 months from the date of the accrual of such cause of action. In cases where any such cooperative or foreign corporation takes possession of the lands of another without having obtained an easement or without having condemned the property and such cooperative or foreign corporation continues to use any such land of another in accordance with the rights and powers granted to the cooperative or foreign corporation by this part, and the owner of such lands takes no legal steps to prevent the occupancy of the lands by the cooperative or foreign corporation, then the rights of the owner of such lands shall be limited to whatever damages may have been caused to his realty by such occupation; and the same shall be barred upon the expiration of six months after such unauthorized occupancy begins.

History

(Ga. L. 1950, p. 192, § 38.)

Annotations

JUDICIAL DECISIONS

Cited in Daniel v. Amicalola Elec. Mbrshp. Corp., 289 Ga. 437, 711 S.E.2d 709 (2011).

Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Daniel v. Amicalola Elec. Membership Corp., 711 S.E.2d 709 (Ga. 2011).
Daniel v. Amicalola Elec. Membership Corp., 711 S.E.2d 709 (Ga. 2011). · cites it 2× “See OCGA § 46-5-97. The legitimate government interest served by both statutes was to encourage widespread growth of public utility service in Georgia.”
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.