2021 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
§ 46-8-123. Construction of Extensions and Branch Roads Generally

Universal Citation: GA Code § 46-8-123 (2021)
  1. Any railroad company may extend its railroad from any point named in the petition for charter or may build branch roads from any point on its line of road. Before making any such extensions or building any such branch roads, the company shall, by resolution of its board of directors, to be entered in the records of its proceedings, designate the route of such proposed extension or branch and advertise the route in all of the counties through which such extension or branch road will run, for the time and in the manner provided by Code Section 46-8-41, and shall file a certified copy of such resolution and advertisements in the office of the Secretary of State, which shall be filed and recorded as are original petitions for charters. As a fee for such filing, the company shall pay to the Office of the State Treasurer $25.00 for each extension or branch road.
  2. Within one year after the filing of the resolution with the Secretary of State, the railroad company shall have the right to begin the construction and equipment of such branch or extension. If the railroad company fails to construct as much as 20 miles within two years, or fails to complete the branch or extension if it is to be less than 20 miles in length, the powers and privileges to do so shall cease.
  3. For the purpose of such extension or branch road, the company shall have all the rights and privileges of condemning or acquiring the rights of way that are provided for constructing and building the main line.
  4. All the provisions of this title relating to the issuance of stocks and bonds for the road authorized under the original petition for incorporation shall be applicable to and control the issuance of stocks and bonds for the proposed extensions and branches.

(Ga. L. 1892, p. 37, § 10; Civil Code 1895, § 2169; Civil Code 1910, § 2587; Code 1933, § 94-307; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

The 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" in the middle of the last sentence of subsection (a).


Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 23, 51, 123, 124, 137. 65 Am. Jur. 2d, Railroads, § 112.


- 29A C.J.S., Eminent Domain, § 34. 74 C.J.S., Railroads, §§ 113, 115, 287.


- Power of federal authorities to discontinue a branch, wholly within the state, of an interstate railroad or interurban system, 30 A.L.R. 439.

Nature and extent of interest acquired by railroad in right of way by adverse possession or prescription, 127 A.L.R. 517.

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.

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.

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

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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