A railroad company organized and incorporated as provided in this chapter shall be empowered:
History. Ga. L. 1892, p. 37, § 9; Civil Code 1895, § 2167; Civil Code 1910, § 2585; Code 1933, § 94-301; Ga. L. 1982, p. 3, § 46; Ga. L. 1984, p. 22, § 46; Ga. L. 2008, p. 210, § 7/HB 1283.
The 2008 amendment, effective July 1, 2008, in paragraph (3), added the two provisos and added the last sentence.
Cross references.
Authority of railroad companies to operate motor vehicles for hire upon public highways, § 46-7-67.
Editor’s notes.
Ga. L. 2008, p. 210, § 1, not codified by the General Assembly, provides: “(a) The General Assembly finds that the railroads and their rights of way in Georgia:
“(1) Are essential to the continued viability of this state;
“(2) Are valuable resources which must be preserved and protected;
“(3) Are essential for the economic growth and development of this state;
“(4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials;
“(5) Relieve congestion on the highways and keep dangerous products and materials off our highways;
“(6) Are vital for national defense and national security; and
“(7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption.
“(b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago.”
Law reviews.
For annual survey on commercial transportation: a two-year survey, see 71 Mercer L. Rev. 39 (2019).
Structure Georgia Code