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
§ 46-8-124. Exercise of Power of Eminent Domain by Railroad Corporations Generally

In the event a railroad company does not procure, by contract, lease, or purchase, the title to the lands, rights of way, or other property necessary for the construction or connection of the railroad and of such branches and extensions as are necessary or proper for the company to reach its freight or passenger depot in any city in this state or as are necessary to reach its wharves, docks, or other necessary terminal facilities, the company may construct its railroad over any lands, any rights of way, or the tracks of other railroads upon paying or tendering to the owner thereof, or to the legally authorized representative of such owner, just and reasonable compensation for said lands or said right of way. If the compensation cannot be agreed upon, it shall be assessed and determined in the manner provided in Title 22.

(Ga. L. 1892, p. 37, § 11; Ga. L. 1895, p. 95, §§ 2, 3; Civil Code 1895, § 2170; Civil Code 1910, § 2588; Code 1933, § 94-308.)

RESEARCH REFERENCES

C.J.S.

- 74 C.J.S., Railroads, § 133 et seq.

- Right and measure of compensation to owner of fee when telegraph or telephone line is erected along railroad right of way or highway, 8 A.L.R. 1293; 19 A.L.R. 383.

Nonperformance of executory promise by railroad company as ground for cancelation or rescission of deed to it, 13 A.L.R. 566.

Power of Public Utility Commission to require railroad company to grant or renew leases or other privileges on its right of way, 47 A.L.R. 109.

Right in respect of private crossing in absence of statutory or contractual provision in that regard where land is taken by or deeded to railroad for right of way, 122 A.L.R. 1171.

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

Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.

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.

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.

Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking, 59 A.L.R.3d 488.

Eminent domain: consideration of fact that landowner's remaining land will be subject to special assessment in fixing severance damages, 59 A.L.R.3d 534.

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.

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.

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.