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Article 1 - In General
§ 44-9-1. Methods of Acquiring Private Ways - The right of private way over another’s land may arise...
§ 44-9-2. Acquisition of Easement of Light and Air - A right to an easement of light and air passing...
§ 44-9-3. Right of Lateral Support From Adjoining Land; Right to Make Excavations Up to Boundary Line; Notice to Adjoining Landowner; Standard of Care - History. Civil Code 1895, §§ 3047, 3048; Civil Code 1910,...
§ 44-9-4. Parol License; When Revocable; When Easement Running With Land - A parol license to use another’s land is revocable at...
§ 44-9-5. Cessation of Easement of Necessity Upon Purchase of Land Providing Access to Highway - Where a way of necessity is appurtenant to land and...
§ 44-9-6. Loss of Easement by Abandonment or Nonuse - An easement may be lost by abandonment or forfeited by...
§ 44-9-7. Effect of Sale of Property for Taxes or Assessments on Easements or Rights of Way - No sale of real property under a fi. fa. for...
Article 2 - Solar Easements
§ 44-9-20. Short Title - This article shall be known and may be cited as...
§ 44-9-21. Legislative Findings and Declaration of Policy - The General Assembly finds that the use of solar energy...
§ 44-9-22. Establishment of Solar Easements - Any easement obtained for the purpose of ensuring the exposure...
§ 44-9-23. Contents of Solar Easements - Any instrument creating a solar easement shall include, but shall...
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...
Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses
§ 44-9-70. Obtaining Rights of Way for Mining, Quarrying, and Other Business - Any person, firm, corporation, company of persons, or corporation chartered...
§ 44-9-71. Appointment of Arbitrators in Right of Way Disputes - In the event the parties disagree as to the necessity...
§ 44-9-72. Arbitration of Requests for Diversions of Watercourses - In all cases where it may be deemed desirable and...
§ 44-9-73. Right of Mine Owner to Control Water Power With Canal or Dam; Damages to Intervening Landowners; Application to Probate Court for Such Right - History. Ga. L. 1868, p. 139, §§ 1, 2; Code...
§ 44-9-74. Right to Drain Mine, Carry Off Ore or Transport Items Over Adjoining Land; Compensation of Landowner; Application for Such Right; Proceedings - History. Ga. L. 1870, p. 264, §§ 1, 2; Code...
§ 44-9-75. Application of Article to Lessee of Mine - Any person or company of persons engaged in working a...
§ 44-9-76. Amount of Water Allowed to Be Withdrawn From Stream Above Mill or Factory by Mine Owner or Lessee - In no instance shall a greater amount of water, measured...
Article 5 - Timber Tramways
§ 44-9-90. Petition for Construction of Tramway - Any person or corporation desiring to build or construct any...
§ 44-9-91. Proceedings to Lay Out Way; Maximum Width - When the application provided for in Code Section 44-9-90 has...
§ 44-9-92. Abandonment; Effect - If the tramway so laid out shall at any time...