2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 5 - Construction, Improvement, and Repair of Rail Lines, Depots, and Roads
§ 46-8-121. Acquisition of Property by Companies; Approval by Commission as Prerequisite to Exercise of Power of Eminent Domain

Universal Citation: GA Code § 46-8-121 (2020)

Authority and power are granted to railroad companies to acquire by purchase or gift and to hold such real estate as may be necessary for all of the purposes mentioned in Code Section 46-8-120. If the real estate cannot be acquired by purchase or gift, then it may be acquired by condemnation in the manner provided in Title 22, provided that the right of condemnation under this Code section shall not be exercised until the commission, under such rules of procedure as it may provide, first approves the taking of the property.

(Ga. L. 1914, p. 144, §§ 1, 2; Code 1933, §§ 94-321, 94-322.)


Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 20, 23, 51, 123, 137. 65 Am. Jur. 2d, Railroads, §§ 39, 42 et seq.


- 29A C.J.S., Eminent Domain, § 33. 74 C.J.S., Railroads, §§ 133 et seq., 147, 148 et seq.


- Assessment of railroad right of way for local improvements, 37 A.L.R. 219; 82 A.L.R. 425.

Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.

Spur track and the like as constituting a use for which railroad can validly exercise right of eminent domain, 35 A.L.R.2d 1326.

Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.

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 of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.

What constitutes abandonment of a railroad right of way, 95 A.L.R.2d 468.

Eminent domain: right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land - state cases, 95 A.L.R.3d 752.

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

State statute of limitations applicable to inverse condemnation or similar proceedings by landowner to obtain compensation for direct appropriation of land without the institution or conclusion of formal proceedings against specific owner, 26 A.L.R.4th 68.

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