2021 Georgia Code
Title 44 - Property
Chapter 1 - General Provisions
§ 44-1-14. Abatement of Hazard From Abandoned Well or Hole; Recovery Costs; Use of County Funds

1. As used in this Code section, the term "abandoned well or hole" means any manmade opening upon the surface of the earth which is ten feet or more in depth and which has not been used for a period of 60 days. The term does not include ditches; sand or gravel pits; stone, marble, or slate quarries; clay pits; surface mines as defined in Part 3 of Article 2 of Chapter 4 of Title 12, the "Georgia Surface Mining Act of 1968"; or geologic boreholes as defined in Part 3 of Article 3 of Chapter 5 of Title 12, the "Water Well Standards Act of 1985."
2. Whenever it is brought to the attention of any person that an open abandoned well or hole, as defined in subsection (a) of this Code section, exists on public or private property, such person shall immediately inform the governing authority of the county in which the hazard exists. The governing authority shall inform the owner or possessor of the land upon which the hazard exists. The governing authority of any such county is authorized to use county work crews, private contractors, or any inmate labor within the county to abate the hazard either by covering, filling, or otherwise. When the hazard exists on private property, the governing authority shall first obtain the permission of the owner or possessor of the property before proceeding with any action in regard to abating the hazard existing on the private property. Upon approval by the owner or possessor of the private property, the governing authority may use county work crews, private contractors, or inmate labor; but in no case shall any work other than making the hazard safe be done on private property.
3. If the abandoned well or hole is located on private property and the owner or possessor of the property cannot be located or is not known, the governing authority of the county may abate the hazard without the prior approval of the owner or possessor.
4. The governing authority of the county is authorized to recover the reasonable costs of filling or covering the abandoned well or hole located on private property from the owner or possessor of said property.
5. The governing authority of the county is authorized to expend county funds to accomplish the purpose of this Code section.

(Ga. L. 1965, p. 446, §§ 1, 2; Ga. L. 1986, p. 922, § 1; Ga. L. 1987, p. 3, § 44; Ga. L. 1988, p. 13, § 44; Ga. L. 1992, p. 6, § 44.)

- Abatement of nuisances generally, Ch. 2, T. 41.

Rules and regulations relating to hiring out of inmates, see § 42-5-60.

- For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

JUDICIAL DECISIONS

Circumstantial evidence insufficient to show a tree-planting company's knowledge of a well.

- In a widow's claim against a tree-planting company for the company's failure to report an abandoned well as required by O.C.G.A. § 44-1-14, allegedly resulting in her husband's death when he drove over the well in a four-wheeler, summary judgment was proper because the widow's circumstantial evidence that the company was aware of the well could not overcome the company's direct evidence that the company did not know about the well. Handberry v. Manning Forestry Servs., LLC, 353 Ga. App. 150, 836 S.E.2d 545 (2019).

- Trial court properly refused defendant's request for a jury charge on the duty to fill in abandoned wells since the requested charge was not accurate and was not adjusted to the evidence. McCoy v. State, 262 Ga. 699, 425 S.E.2d 646 (1993).

- Because an abandoned well on the landowners' property, which had been covered over, did not become an "open" abandoned well or hole until after an injured person's leg fell through into the hole, the landowners did not violate O.C.G.A. § 44-1-14. Sisson v. Elliott, 278 Ga. App. 156, 628 S.E.2d 232 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Taxation for purpose of abating pollution of wells.

- County is authorized to collect and levy taxes for the purpose of abating the disposal of pollutants into wells by closing the wells. 1983 Op. Att'y Gen. No. U83-42.

County work crews composed of inmates can be utilized to enter upon private property to close abandoned wells or holes. 1983 Op. Att'y Gen. No. U83-42.

RESEARCH REFERENCES

Am. Jur. 2d.

- 57 Am. Jur. 2d, Municipal, County School, and State Tort Liability, §§ 120, 124, 136, 137. 58 Am. Jur. 2d, Nuisances, §§ 8 et seq., 70 et seq., 79, 80, 82, 102, 106, 107, 113, 117 et seq., 156, 167 et seq., 226, 246 et seq., 440. 62 Am. Jur. 2d, Premises Liability, § 49 et seq. 62A Am. Jur. 2d, Premises Liability, § 617. 78 Am. Jur. 2d, Waters, §§ 206, 239, 395.

- 16A C.J.S., Constitutional Law, §§ 616, 617. 18 C.J.S., Convicts, §§ 2, 5, 16 et seq., 23. 65 C.J.S., Negligence, § 169. 65A C.J.S., Negligence, § 400 et seq. 66 C.J.S., Nuisances, § 121 et seq.

- Liability of landowner for injury to or death of child caused by cave-in or landslide, 28 A.L.R.2d 195.

Liability of landowner for injury or death of adult falling down unhoused well, cistern, mine shaft, or the like, 46 A.L.R.2d 1069.

Duty and liability as to plugging oil or gas well abandoned or taken out of production, 50 A.L.R.3d 240.