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
§ 46-8-126. Relocation of Highways Necessitated by Construction of Crossings

In all cases where a railroad crosses a highway and the cutting makes a change in the route of any such highway or a change is desirable with a view to easier ascent or descent, the railroad company may take such additional lands for the construction of such highway upon a new route as may be deemed necessary by the directors. In taking property under this Code section, the railroad company shall proceed in the manner provided in Title 22 for condemning rights of way and other property.

(Ga. L. 1892, p. 37, § 12; Civil Code 1895, § 2172; Civil Code 1910, § 2590; Code 1933, § 94-310.)

- Railroad grade crossings generally, § 32-6-190 et seq.

Cited in Central of Ga. Ry. v. Keating, 177 Ga. 345, 170 S.E. 493 (1933).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, § 175.

- 74 C.J.S., Railroads, § 328.

- Right of railroad company in respect of material or mineral within right of way, 21 A.L.R. 1131.

Constitutional power to compel railroad company to relocate or reconstruct highway crossing, or to pay or contribute to expense thereof, 62 A.L.R. 815.

Part or extent of highway adjoining railroad crossing for condition of which railroad is responsible, 105 A.L.R. 547.

Elimination of railroad grade crossing as local improvement for which property specially benefited may be assessed, 111 A.L.R. 1222.

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.

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.

Eminent domain: validity of appropriation of property for anticipated future use, 80 A.L.R.3d 1071.

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.