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2018 Georgia Code 46-5-97 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 2 TELEPHONE SERVICE

46-5-97. Limitation of actions.

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.

(Ga. L. 1950, p. 192, § 38.)

JUDICIAL DECISIONS

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

Cases Citing Georgia Code 46-5-97 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 for rural telephone cooperatives. See OCGA § 46-5-97. The legitimate government interest served by both