Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in connection with adjacent public roads.
History. Orig. Code 1863, § 709; Code 1868, § 771; Code 1873, § 741; Code 1882, § 741; Civil Code 1895, § 682; Civil Code 1910, § 828; Code 1933, § 83-122.
Structure Georgia Code
§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees
§ 44-9-42. Selection of Assessors
§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors
§ 44-9-44. Appeals From Award of Assessors; Jury Trial
§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment
§ 44-9-48. Agreements Between Parties as to Payment of Compensation
§ 44-9-49. Establishment of Private Way by Agreement Between Parties
§ 44-9-50. Recording of Private Way; Protection of Owner’s Use
§ 44-9-52. Establishment and Apportionment of Private Way by Several Landowners
§ 44-9-54. Establishment of Private Way by Prescription
§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages
§ 44-9-56. Notice of Closing of Private Way After One Year’s Use
§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes
§ 44-9-58. Petition to Use Another’s Landing
§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees
§ 44-9-60. Conditions for Converting Private Ways Into Public Roads