Georgia Code
Article 1 - General Provisions
§ 46-5-1. Exercise of Power of Eminent Domain by Telephone Companies; Placement of Posts and Other Fixtures; Regulation of Construction of Fixtures, Posts, and Wires Near Railroad Tracks; Liability of Telephone Companies for Damages; Required Informa...

History. Ga. L. 1873, p. 69, § 2; Code 1873, § 3023; Code 1882, § 3023; Ga. L. 1889, p. 141, §§ 1, 2; Civil Code 1895, §§ 2346, 2347; Ga. L. 1905, p. 79, § 1; Civil Code 1910, §§ 2810, 2811; Code 1933, §§ 104-204, 104-205; Ga. L. 2008, p. 451, § 1/SB 379; Ga. L. 2012, p. 218, § 14/HB 397; Ga. L. 2012, p. 847, § 6/HB 1115; Ga. L. 2014, p. 866, § 46/SB 340; Ga. L. 2015, p. 5, § 46/HB 90; Ga. L. 2016, p. 864, § 46/HB 737; Ga. L. 2022, p. 190, § 1/HB 328.
The 2008 amendment, effective July 1, 2008, designated the existing provisions of subsection (a) as paragraph (a)(1); in paragraph (a)(1), in the first sentence, inserted “and facilities”, inserted “roads and”, inserted “and rights of way”, deleted the comma following “this state”, inserted “roads,”, and added “, and rights of way.”, added the second sentence, and, in the third sentence, inserted “as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section,”; added paragraphs (a)(2) and (a)(3); redesignated former subsection (b) as paragraph (a)(4); in paragraph (a)(4), in the first sentence, substituted “under paragraph (1) of this subsection,” for “under subsection (a) of this Code section,”, substituted “shall” for “must”, and inserted “roads and” and, in the second sentence, substituted “such railroad” for “the railroad”; added paragraph (a)(5); and added subsections (b) and (c).
The 2012 amendments.
The first 2012 amendment, effective April 17, 2012, in paragraph (b)(13), substituted “Article 4 of Chapter 18 of Title 50” for “Code Section 50-18-70” in the first sentence and substituted “Article 4 of Chapter 18 of Title 50” for “Code Section 50-18-70, et seq.” in the second sentence. The second 2012 amendment, effective July 1, 2012, deleted “telegraph or” and “telegraph and” preceding “telephone” throughout this Code section; and added the second sentence of paragraph (a)(5).
The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted “this subsection” for “subsection (b) of this Code section” in paragraph (b)(7).
The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted “47 C.F.R. 32.5230” for “47 C.F.R. 32.5320” in subparagraph (b)(9)(I).
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted “or as a supplement” for “or as supplement” near the beginning of the second sentence in subparagraph (b)(1)(D).
The 2022 amendment, effective July 1, 2022, substituted “paragraphs (9) and (19)” for “paragraph (9)” in the third sentence in paragraph (a)(1); and rewrote subsection (b).
Cross references.
Similar provisions regarding exercise of power of eminent domain for construction, maintenance, etc., of telegraph and telephone lines along railroad rights of way, § 22-3-1 et seq.
Grants by State Properties Commission of revocable license to encroach upon property under custody and control of State Properties Commission, § 50-16-42 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, in subparagraph (a)(2)(B), substituted “section” for “Section” at the end and in paragraph (b)(11), substituted “subsection (a) of this Code section” for “paragraph (a) of this subsection” in the first sentence.
Pursuant to Code Section 28-9-5, in 2022, an extra comma was deleted near the beginning of subparagraph (b)(9)(D).
Law reviews.
For article, “Revenue and Taxation: Amend Titles 48, 2, 28, 33, 36, 46, and 50 of the Official Code of Georgia Annotated, Relating Respectively to Revenue and Taxation, Agriculture, the General Assembly, Insurance, Local Government, Public Utilities, and State Government,” see 28 Ga. St. U. L. Rev. 217 (2011).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 139 (2012).

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