Lease of railroad by state.

- State owns a railroad known as the Western & Atlantic Railroad extending from Atlanta to Chattanooga. In November, 1889 (Ga. L. 1889, p. 362), an Act was passed by the General Assembly providing for the railroad's lease. Western & Atl. R.R. v. Roberson, 61 F. 592 (6th Cir. 1894); State v. Western & A.R.R., 136 Ga. 619, 71 S.E. 1055 (1911).

Relation of state to lessee of the state's railroads is that of landlord and tenant. The lessee has but a usufructuary interest in the possession of the leased premises for the specific uses named in the lease. State v. Western & A.R.R., 136 Ga. 619, 71 S.E. 1055 (1911).

Condemnation proceedings against state and lessee.

- Because of the landlord/tenant relation, any condemnation proceeding must be instituted jointly against the state and the lessee, unless the state gives to a telegraph company permission to occupy the state's railroad without condemnation, which it had not done. Western & A.R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471, 42 L.R.A. (n.s.) 225 (1912).

Rights acquired under lease between state and railroad.

- Under the lease contract entered into between the state as the owner of the Western & Atlantic Railroad, and the Nashville, Chattanooga & St. Louis Railway, on May 11, 1917, the lessee acquired a right to the use of the underground and overhead space on the portion of the land lying between streets in the City of Atlanta constituting a part of the right of way of the Western & Atlantic Railroad with the right to sublet any part thereof not needed for railroad purposes without the consent of the Governor. State v. Western & A.R.R., 185 Ga. 658, 196 S.E. 392 (1938).

Right of city to pedestrian crossings.

- Because there can be no adverse possession or implied dedication of state property to a municipal corporation, which is a creature of the state, a city could not acquire a right to use pedestrian crossings over the Western & Atlantic Railroad right-of-way without the state's express consent. City of Marietta v. CSX Transp., Inc., 272 Ga. 612, 533 S.E.2d 372 (2000).

Cited in Seignious v. Metropolitan Atlanta Rapid Transit Auth., 252 Ga. 69, 311 S.E.2d 808 (1984).