O.C.G.A.
O.C.G.A. § 50-16-101 (2019)
Relationship of state as owner of railroad
✓ 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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The state occupies the same relation to the railroad, as owner, that any company or corporation does to its railroad; and the obligations of the state to the public concerning the railroad, and of the public to the railroad, are the same as govern the other railroads of this state, so far as is consistent with the sovereign attributes of this state and the laws of force for its conduct.
History
Orig. Code 1863, § 889; Code 1868, § 968; Code 1873, § 964; Code 1882, § 964; Civil Code 1895, § 1021;
Civil Code 1910, § 1288; Code 1933, § 91-202.
Annotations
JUDICIAL DECISIONS Cited in Western & A.R.R. v. Gray, 172 Ga. 286, 157 S.E. 482 (1931); City of
Marietta v. CSX Transp., Inc., 272 Ga. 612, 533 S.E.2d 372 (2000).
Notes of Decisions
Cited in 3
cases, 1999–2000 · leading case: City of Marietta v. CSX Transp., Inc., 533 S.E.2d 372 (Ga. 2000).
City of Marietta v. CSX Transp., Inc., 533 S.E.2d 372 (Ga. 2000). “See OCGA §§ 50-16-101, 50-16-102. See Western & A.”
City of Marietta v. CSX Transp., Inc., 196 F.3d 1300 (11th Cir. 1999). “O.C.G.A. § 50-16-101. All the public road laws and penal laws touching the railroads of this state, whether to obligate or protect, apply to the state railroad unless specially excepted or some other provision is prescribed in lieu of some one or more thereof.”
Marietta v. CSX Transp., 196 F.3d 1300 (11th Cir. 1999). “O.C.G.A. § 50-16-101. All the public road laws and penal laws touching the railroads of this state, whether to obligate or protect, apply to the state railroad unless specially excepted or some other provision is prescribed in lieu of some one or more thereof.”
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