Georgia Code
Chapter 9 - Easements
Article 3 - Private Ways

§ 44-9-40. Authority of Superior Court to Grant Private Ways; Filing of Petition as Declaration of Necessity; When Proceeding Enjoined - History. Laws 1834, Cobb’s 1851 Digest, p. 955.; Ga. L....

§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees - The petition shall describe the easement of private way sought...

§ 44-9-42. Selection of Assessors - The petition for condemnation shall name an assessor to act...

§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors - Upon the filing of the petition for condemnation, the judge...

§ 44-9-44. Appeals From Award of Assessors; Jury Trial - Either party shall have the right to appeal from the...

§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment - Upon the final condemnation of the private way, it shall...

§ 44-9-46. Determination of Amount of Compensation and Other Issues by Jury; Payment and Disposition of Damages - The amount of compensation to be assessed against the condemnor...

§ 44-9-47. Motions and Proceedings Subsequent to Judgment; Payment of Compensation; Nonpayment as Abandonment; Effect of Abandonment on Subsequent Application - With respect to the judgment of the court in such...

§ 44-9-48. Agreements Between Parties as to Payment of Compensation - Code Section 44-9-47 shall not divest the court of jurisdiction...

§ 44-9-49. Establishment of Private Way by Agreement Between Parties - Private ways may be established by an agreement in writing...

§ 44-9-50. Recording of Private Way; Protection of Owner’s Use - When a private way becomes established, it shall be entered...

§ 44-9-51. Establishment of Private Way by Several Landowners; Duties and Privileges of Subsequent Vendees - Several landowners may join together in opening a private way...

§ 44-9-52. Establishment and Apportionment of Private Way by Several Landowners - When several landowners join together in opening a private way,...

§ 44-9-53. Establishment of Private Way Over Wild Lands Without Notice to Landowner; Assessment of Damages After Notice - If a private way is established over the wild lands...

§ 44-9-54. Establishment of Private Way by Prescription - Whenever a private way has been in constant and uninterrupted...

§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages - When a person has established a private way and has...

§ 44-9-56. Notice of Closing of Private Way After One Year’s Use - If a road has been used as a private way...

§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes - History. Ga. L. 1853-54, p. 90, § 2; Code 1863,...

§ 44-9-58. Petition to Use Another’s Landing - When the applicant for a private way also desires to...

§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees - History. Ga. L. 1872, p. 60, §§ 2-4; Code 1873,...

§ 44-9-60. Conditions for Converting Private Ways Into Public Roads - Once a private way is established, the judge of the...