the venue of an action brought against the railroad, electric company, or gas company for the purpose of setting aside and having annulled such unlawful act of acquisition shall be in any county through which may run the line of railroad or in any county through which may run the transmission line of such electric company or in any county in which may be located the generating plant of such electric company or in any county through which may run the natural gas pipeline or distribution system so unlawfully acquired.
History. Ga. L. 1855-56, p. 154, §§ 1, 2; Ga. L. 1859, p. 48, § 1; Code 1863, § 3317; Code 1868, § 3329; Ga. L. 1869, p. 14, § 1; Code 1873, § 3406; Ga. L. 1878-79, p. 125, § 10; Code 1882, §§ 719, 3406; Ga. L. 1892, p. 59, § 1; Civil Code 1895, §§ 2197, 2334; Ga. L. 1898, p. 50, § 1; Civil Code 1910, §§ 2640, 2798; Ga. L. 1912, p. 66, §§ 1-4; Code 1933, §§ 93-413, 94-1101; Ga. L. 1983, p. 3, § 62; Ga. L. 1984, p. 22, § 46; Ga. L. 1985, p. 149, § 46; Ga. L. 1986, p. 37, § 1; Ga. L. 1992, p. 6, § 46; Ga. L. 2004, p. 631, § 46; Ga. L. 2013, p. 551, § 1/HB 194.
The 2004 amendment, effective May 13, 2004, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).
The 2013 amendment, effective May 6, 2013, substituted “subsection” for “title” in the last sentence of subsection (b); in subsection (c), in the first sentence, substituted “railroad, electric company, or gas company” for “railroad or electric company”, inserted “, or gas company,” and inserted “causes of”, and, in the second sentence, substituted “railroad, electric company, or gas company ” for “railroad or electric company” ; substituted the present provisions of subsection (d) for the former provisions, which read: “Whenever any railroad or electric company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the line of railroad of a competing railroad company in this state, in violation of Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia, or whenever any railroad or electric company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the generating plant or transmission line of a competing electric company in this state, in violation of Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia, the venue of an action brought against the railroad or electric company for the purpose of setting aside and having annulled such unlawful act of acquisition shall be in any county through which may run the line of railroad or in any county through which may run the transmission line of such electric company or in which may be located the generating plant of such electric company so unlawfully acquired.”; substituted the present provisions of the introductory paragraph of subsection (f) for the former provisions, which read: “The following electric companies shall be embraced within the provisions of this Code section:”; and added subsection (g). See Editor’s notes for applicability.
Cross references.
Time limitation on actions against railroads for injury to or death of employee, § 34-7-46 .
Venue for actions against lessees or possessors of railroads, § 46-8-310 .
Venue for actions against receivers, trustees, etc., of railroad companies, § 46-8-314 .
Editor’s notes.
Ga. L. 2013, p. 551, § 2/HB 194, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of actions arising on or after such effective date.” The Governor approved this Act on May 6, 2013.
Law reviews.
For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act (Ch. 11, T. 9), see 4 Ga. St. B. J. 355 (1968).
For article, “Statutes of Limitation: Counterproductive Complexities,” see 37 Mercer L. Rev. 1 (1985).
For annual survey trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).
For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986).
For annual survey on trial practice and procedure, see 43 Mercer L. Rev. 441 (1991).
For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).