All companies incorporated under this chapter shall have power to bring or be the subject of actions; make contracts; lease, purchase, hold, and sell such property, real and personal, as may be necessary for the purposes of the corporation; and construct and maintain a canal and branch canals, dams, races, weirs, aqueducts, reservoirs, towpaths, and all other appliances necessary to divert, take, or use the waters of any stream or body of water. However, the canal companies shall not, by building any dam in or across or by diverting water from any navigable stream, destroy or obstruct the navigation of such stream. Such fishways shall be placed in any dams at the time of the construction of the dam as the commissioner of natural resources shall direct. Fishways shall be kept in good order and repair by the canal company, and the company shall notify the commissioner of natural resources of the proposed construction of any dam. Further, the canal companies shall pay reasonable compensation to such landholders as may have riparian rights in any stream or body of water taken, diverted, or obstructed for such taking, diversion, or obstruction or for any damage done them. The canal companies may also enter upon, take, and appropriate any lands and tenements necessary and appropriate for the purposes of the corporation upon first paying reasonable compensation therefor. No company incorporated as provided in this chapter shall have power to construct or use any canal within the corporate limits of any incorporated municipality without first obtaining the consent of the proper corporate authorities of such municipality.
History. Ga. L. 1893, p. 81, § 3; Civil Code 1895, § 1989; Civil Code 1910, § 2370; Code 1933, § 17-106.
Cross references.
Additional powers possessed by corporations organized under this chapter, §§ 14-4-60 and 14-4-61 .
Structure Georgia Code
Title 52 - Waters of the State, Ports, and Watercraft
§ 52-4-1. Filing of Petition for Incorporation; Contents of Petition; Filing Fee
§ 52-4-2. Issuance of Certificate of Incorporation
§ 52-4-3. Maintenance by Secretary of State of Files and Books Regarding Canal Companies
§ 52-4-4. Time of Commencement of Corporate Existence; Duration of Corporate Existence
§ 52-4-7. Location of Principal Office
§ 52-4-8. Powers and Duties of Companies Generally
§ 52-4-9. Right of Corporation to Increase or Decrease Capital Stock
§ 52-4-11. Furnishing of Canal Water by Canal Companies; Charges for Use of Water
§ 52-4-12. Toll Rates for Use of Canals
§ 52-4-13. Encroachment of Canals Upon Public Roads; Construction and Maintenance of Bridges
§ 52-4-14. Mortgage, Sale, or Lease of Canal, Other Properties, Corporate Rights, and Franchises