O.C.G.A. § 46-8-127 (2019)
Regulation of distance between tracks with the same terminal points
In the selection of the general route for, and in the construction of, a railroad between termini, if another railroad has already been constructed or if the route for another railroad has been selected and the road chartered between the same termini, then the general direction and location of the railroad shall be at least ten miles from the railroad already constructed or the route laid out and selected to be constructed, provided that this Code section shall not be construed to refer to any point within ten miles of either terminus or to prevent the two roads from running as near to each other for the first ten miles from either terminus as the interest of the company building the new route may dictate; provided, further, that whenever the conditions imposed by this Code section are impracticable by reason of the physical formation of the country surrounding any initial or terminal point, or by reason of the number of railroads centering in an initial or terminal point, and the railroad companies interested fail to agree on the route for the new railroad, this Code section shall not apply; rather, in all such cases the location of such proposed new railroad with reference to initial or terminal points shall be made and fixed under the order and by direction of the commission, which shall locate the new railroad on such a route as may be found practicable and as will the least interfere with existing lines; provided, further, that the power given to the commission by this Code section shall extend only to fixing and providing the location by which any new railroad may have access to either of its terminal points. Nothing in this Code section shall be so construed as otherwise to change the general policy of this state, which requires the general direction and location of railroads sought to be constructed to be not less than ten miles from a railroad already constructed.
History
(Ga. L. 1892, p. 37, § 15; Ga. L. 1895, p. 60, § 1; Civil Code 1895, § 2176; Civil Code 1910, § 2594; Code 1933, § 94-315.)
Annotations
JUDICIAL DECISIONS Applicability to parallel running railroads. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) only applies to railroads which run practically parallel with each other. Waycross Air-Line R.R. v. Offerman & W.R.R., 109 Ga. 827, 35 S.E. 275 (1900). Applicability to railroads connecting same terminal points. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) only applied when two railroad companies involved connect by their lines the same terminal points. Hawkinsville & F.S. Ry. v. Waycross Air-Line R.R., 114 Ga. 239, 39 S.E. 844 (1901). Three mile road not restricted by this Code section. - Road only about three miles in length did not fall within restriction contained in former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127). Bridwell v. Gate
City Term. Co., 127 Ga. 520, 56 S.E. 624, 10 L.R.A. (n.s.) 909 (1907). Tramroad of private corporation not restricted by this Code section. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) did not prevent a purely private corporation from constructing, and itself operating for its own exclusive use upon its own land, a tramroad. Waycross Air-Line R.R. v. Southern Pine Co., 111 Ga. 233, 36 S.E. 641 (1900). Use of injunction to prevent interference with route. - Injunction lied against interference with route by locating another line within distance prohibited by former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127). Waycross Air-Line R.R. v. Offerman & W.R.R., 109 Ga. 827, 35 S.E. 275 (1900).
RESEARCH REFERENCES Am. Jur. 2d. - 65 Am. Jur. 2d, Railroads, §§ 106, 107.
C.J.S. - 74 C.J.S., Railroads, § 107 et seq.