2020 Georgia Code
Title 22 - Eminent Domain
Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes
Article 4 - Construction and Operation of Petroleum Pipelines

- Ga. L. 1995, p. 161, effective July 1, 1995, repealed the Code sections formerly codified at this article and enacted the former provisions on the construction and operation of petroleum pipelines. The former article consisted of Code Sections 22-3-70 through 22-3-72 (Part 1) and 22-3-80 through 22-3-83 (Part 2) and was based on Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act) and Ga. L. 1994, p. 229, §§ 1 and 2. Ga. L. 1995, p. 161 also enacted an Article 4, effective from March 30, 1995, until July 1, 1995, which consisted of Code Section 22-3-83.

Ga. L. 2017, p. 744, § 2/HB 413, effective May 9, 2017, for purposes of proposing rules and regulations and effective for all other purposes July 1, 2017, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 22-3-80 through 22-3-91, relating to the construction and operation of petroleum pipelines, and was based on Ga. L. 1995, p. 161, § 2; Ga. L. 1996, p. 6, § 22; Ga. L. 2016, p. 744, § 1/HB 1036 and Ga. L. 2017, p. 774, § 22(2-4)/HB 323.

Ga. L. 2017, p. 774, § 54(e)/HB 323, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2017 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to former Code Section 22-3-89 by Ga. L. 2017, p. 774, § 22(4)/HB 323, was not given effect.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 22-3-70 et seq. are included in the annotations for this article.

- Operators of petroleum pipelines were entitled to clear easements to permit aerial inspection and access by maintenance crews. Avery v. Colonial Pipeline Co., 213 Ga. App. 388, 444 S.E.2d 363 (1994) (decided under former O.C.G.A. § 22-3-70 et seq.)

Trial of a Gas Pipeline Leak and Explosion Case, 25 Am. Jur. Trials 415.

- 26 Am. Jur. 2d, Eminent Domain, §§ 61, 81, 84, 86.

- 29A C.J.S., Eminent Domain, §§ 27 et seq., 117 et seq. 73 C.J.S., Public Utilities, §§ 151 et seq., 277 et seq.

- Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.

Right to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.

Eminent domain: right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.

Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.

Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.

Fear of powerline, gas or oil pipeline, or related structure as element of damages in easement condemnation proceeding, 23 A.L.R.4th 631.

- 38 Am. Jur. 2d, Gas and Oil, § 1 et seq.

26 Am. Jur. 2d, Eminent Domain, § 84.

12C Am. Jur. Pleading and Practice Forms, Gas and Oil, § 1 et seq.