2021 Georgia Code
Title 32 - Highways, Bridges, and Ferries
Chapter 1 - General Provisions
§ 32-1-8. Construction and Maintenance of Private Roads
It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road.
(Code 1933, § 95A-1102, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 1251, § 2-1.)
Cross references.- Georgia Highway Authority, § 32-10-1 et seq.
State Road and Tollway Authority, § 32-10-60 et seq.
Conflicts of interest, § 45-10-20 et seq.
JUDICIAL DECISIONS
Compensated work on private property not prohibited.
- O.C.G.A. § 32-1-8 does not prohibit a county from performing grading work on private property with county equipment and materials at rates established in a published schedule. Woodard v. Smith, 254 Ga. 39, 325 S.E.2d 377 (1985).
OPINIONS OF THE ATTORNEY GENERAL
Remuneration does not render work on private property lawful.
- Even for payment, a county may not lawfully scrape privately-owned driveways; the county's collection of a fee for providing this service would not, given the plain language of the statute, make the transaction lawful. 1976 Op. Att'y Gen. No. U76-24.
