O.C.G.A.

O.C.G.A. § 46-8-82 (2019)

Forfeiture of powers, privileges, and certificate of incorporation for failure to construct and operate 15 miles of road within three years; extension of time for construction and operation of road

✓ 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 the powers and privileges and the certificate of incorporation of a railroad company shall be forfeited at the expiration of three years from the date of the certificate if at the expiration of those three years the company has not constructed and equipped the road, and is not operating the same, for at least 15 miles, or for the entire length of the road if the same is less than 15 miles long, provided that the Secretary of State, for cause shown, may relieve against any forfeiture provided for in this Code section and extend the time of construction, equipment, and operation of said 15 miles of road, or of the entire length of the road if the same is less than 15 miles long, in favor of any such railroad company. Such relief shall not be granted unless applied for within one year after cause for forfeiture has arisen.

History

(Ga. L. 1892, p. 37, § 8; Civil Code 1895, § 2166; Ga. L. 1903, p. 34, § 1; Ga. L. 1910, p. 109, § 1; Civil Code 1910, § 2584; Ga. L. 1913, p. 32, § 1; Code 1933, § 94-302.)

Annotations

JUDICIAL DECISIONS Railroads may be more or less than 15 miles in length. - Former Civil Code 1895, § 2166 (see O.C.G.A. § 46-8-82) contemplated that there may be railroads more than

15 miles in length or less than that length. Bridwell v. Gate City Term. Co., 127 Ga. 520, 56 S.E. 624, 10 L.R.A. (n.s.) 909 (1907).

RESEARCH REFERENCES Am. Jur. 2d. - 19 Am. Jur. 2d, Corporations, §§ 2794-2799, 2806, 2807. 65 Am. Jur. 2d, Railroads, § 7. C.J.S. - 19 C.J.S., Corporations, §§ 818, 825, 860. 74 C.J.S., Railroads, §§ 26, 54 et seq., 287. ALR. - Right of railroad company to use or grant use of land in right of way for other than railroad purpose, 94 ALR 522; 149 ALR 378.

Right of railroad company to discontinue or reduce service on branch line or part of road which is unprofitable, 123 ALR 922. Who is entitled to land upon its abandonment for railroad purposes, where railroad’s original interest or title was less than fee simple absolute, 136 ALR 296.

ARTICLE 4 POWERS OF COMPANIES GENERALLY