Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 2 - Powers and Duties of Commission as to Railroad Companies Generally
§ 46-8-20. Exclusive Power of Commission to Determine Just and Reasonable Rates and Charges; Establishing Rates and Tariffs Generally; Locating of Depots and Construction of Freight and Passenger Buildings - History. Ga. L. 1878-79, p. 125, § 5; Code 1882,...
§ 46-8-21. Powers of Commission Regarding Railroads Generally - The commission shall have power and authority: History. Ga. L....
§ 46-8-22. Investigation by Commission of Books and Papers of Railroad Companies; Inspection of Railroad Offices and Stations; Examination of Railroad’s Agents and Employees; Rules and Regulations Concerning Investigations and Inspections - History. Ga. L. 1878-79, p. 125, § 7; Code 1882,...
§ 46-8-23. Prescription and Enforcement by Commission of Rules, Regulations, and Orders as to Receipt, Transportation, and Delivery of Freight by Railroads - The commission is vested with full power and authority to...
§ 46-8-24. Inspection by Commission of Contracts and Agreements Between Railroad Companies; Disapproval of Agreements; Inclusion in Agreements of Rates Exceeding Rates Fixed by Commission - All contracts and agreements as to freight and passenger rates...
§ 46-8-25. Inspection of Railroads by Commission; Requiring Repair of Railroads; Allotment of Reasonable Time for Repairs; Effect of Code Section on Liability of Railroads - The commission, upon complaint, shall inspect any railroad or any...
Article 3 - Incorporation and Consolidation of Railroad Companies and Requirements as to Directors and Officers
Part 1 - Incorporation, Organization, Subscription of Capital Stock, Selection of Officers and Directors
§ 46-8-40. Grant of Corporate Powers and Privileges to Railroad Companies by Secretary of State; Procedure in Case of Disqualification of Secretary of State - All corporate powers and privileges of railroad companies shall be...
§ 46-8-41. Procedures Regarding Preparation of Petition for Incorporation; Filing of Petition and Affidavit With Secretary of State; Endorsement by Secretary of State; Allowance for Public Inspection of Petition and Affidavit - History. Ga. L. 1892, p. 37, § 2; Civil Code...
§ 46-8-42. Certificate of Incorporation; Duration of Corporate Existence; Fee for Issuance of Certificate - To all to whom these presents may come — Greetings:...
§ 46-8-43. Duties of Secretary of State Prior to Issuance of Certificate of Incorporation; Certificate or Duplicate Thereof as Evidence of Existence of Corporation and Compliance With Chapter - Before the Secretary of State issues a certificate of incorporation...
§ 46-8-44. Subscription to Capital Stock; Par Value of Stock; Subscription to All Capital Stock as Prerequisite to Beginning Railroad Construction - History. Ga. L. 1892, p. 37, § 4; Civil Code...
§ 46-8-45. Payment of Subscriptions; Procedure by Directors in Case of Default by Subscriber - History. Ga. L. 1892, p. 37, § 6; Civil Code...
§ 46-8-46. Procedures Regarding Organizational Meeting; Qualifications of Directors; Selection of Officers and Agents; Annual Election of Directors; Filling of Vacancies on Board - History. Ga. L. 1892, p. 37, § 5; Civil Code...
§ 46-8-47. Determination of Directors’ Compensation; Appointment of Chairman and Vice-Presidents; Time and Place of Board Meetings; Procedures Regarding Board Meetings - History. Ga. L. 1969, p. 589, §§ 3, 8.
§ 46-8-48. Creation of Executive Committee and Other Committees; Powers of Committees; Designation of Alternate Members of Committees; Committee Action by Majority Vote - History. Ga. L. 1969, p. 589, § 4.
§ 46-8-49. Action by Board or Committee Thereof or by Shareholder or Committee Thereof by Written Consent of Members Without Meeting - History. Ga. L. 1969, p. 589, § 5; Ga. L....
§ 46-8-50. Combination of Offices of Corporation; Election of Officers by Shareholders; Terms of Office; Powers and Duties of Officers; Authority of Chairman or President as to Legal Proceedings - History. Ga. L. 1969, p. 589, § 6.
§ 46-8-51. Indemnification of Persons by Railroad Corporation; Advance of Expenses; Insuring Against Liabilities; Reports of Payments to Shareholders; Provisions Eliminating or Limiting Liability of Director - No such provision shall eliminate or limit the liability of...
§ 46-8-52. Exemption of Property of Stockholders From Debts or Liabilities of Corporation - All property, whether real or personal, of any stockholder in...
§ 46-8-53. Procedure for Issuing Bonds or Increasing Capital Stock - In no case shall a railroad corporation issue bonds or...
§ 46-8-54. Adoption of Title by Railroad Companies Incorporated, or by Persons Owning or Operating a Railroad, Prior to December 17, 1892 - History. Ga. L. 1892, p. 37, § 17; Civil Code...
§ 46-8-55. Standard of Care for Directors and Officers in Discharge of Duties; Reliance Upon Financial Information - History. Code 1981, § 46-8-55 , enacted by Ga. L....
Part 2 - Consolidation, Merger, Surrender of Franchise, and Dissolution of Companies
§ 46-8-70. Application by Railroad Company That Company Surrender Its Franchises and Cease Performing as a Common Carrier; Hearing Before Commission; Effect of Outstanding Debts on Company - History. Ga. L. 1918, p. 211, §§ 1-4; Code 1933,...
§ 46-8-71. Dissolution of Railroad Corporation Generally - A railroad corporation which is organized under the laws of...
§ 46-8-72. Adoption of Resolution for Dissolution by Board of Directors; Meeting of Stockholders to Consider Resolution; Filing of Petition for Dissolution With Secretary of State - If the board of directors of a railroad corporation organized...
§ 46-8-73. Contents of Petition for Dissolution; Certification Resolution Recommending Dissolution; Attachment of Resolution to Petition; Verification of Petition; Fee for Filing Petition - History. Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 3;...
§ 46-8-74. Advertisement of Petition for Dissolution - When the petition for dissolution is filed, the Secretary of...
§ 46-8-75. Transfer of Copy of Petition From Secretary of State to Commission - Immediately upon the filing of the petition for dissolution, the...
§ 46-8-76. Investigation by Commission of Proposed Dissolution; Issuance of Certificate Approving or Disapproving Application for Dissolution; Transfer of Certificate; Filing of Duplicate Certificate; Effect of Disapproval - History. Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 6.
§ 46-8-77. Certification by Judge of the Probate Court of the Fact of Advertisement of Petition; Filing of Certificate With Secretary of State - When the copy of the petition for dissolution has been...
§ 46-8-78. Order of Secretary of State Accepting Surrender of Charter and Franchises and Dissolving Corporation; Recording of Petition, Certificate of Approval, Certificate of Publication, and Order by Secretary of State - When the certificate of the judge of the probate court...
§ 46-8-79. Effect of Issuance of Order of Dissolution and Payment of Fees - After the order of dissolution has been issued, and after...
§ 46-8-80. Contracts Between Railroad Companies for Merger, Consolidation, Lease, or Purchase for Purposes of Connecting the Roads of the Companies - Any railroad company incorporated under this chapter shall have the...
§ 46-8-81. Consolidation, Merger, Lease, or Purchase of Railroad Companies Whose Roads Form a Continuous Line; Issuance of Stocks and Bonds by Consolidated Companies - History. Ga. L. 1892, p. 37, § 18; Civil Code...
§ 46-8-82. Forfeiture of Powers, Privileges, and Certificate of Incorporation for Failure to Construct and Operate 15 Miles of Road Within Three Years; Extension of Time for Construction and Operation of Road - All the powers and privileges and the certificate of incorporation...
Article 4 - Powers of Companies Generally
§ 46-8-100. General Powers - A railroad company organized and incorporated as provided in this...
§ 46-8-104. Power of Railroad Companies to Cross Other Railroads in Order to Reach Minerals, Timber, or Other Materials - Any railroad company chartered by the General Assembly, and also...
Article 5 - Construction, Improvement, and Repair of Rail Lines, Depots, and Roads
§ 46-8-120. Powers of Railroad Companies Generally - History. Ga. L. 1914, p. 144, § 1; Code 1933,...
§ 46-8-121. Acquisition of Property by Companies; Approval by Commission as Prerequisite to Exercise of Power of Eminent Domain - Authority and power are granted to railroad companies to acquire...
§ 46-8-122. Effect of Code Sections 46-8-120 and 46-8-121 on Other Powers and Authority Granted to Railroad Companies - The powers and authority conferred by Code Sections 46-8-120 and...
§ 46-8-123. Construction of Extensions and Branch Roads Generally - History. Ga. L. 1892, p. 37, § 10; Civil Code...
§ 46-8-124. Exercise of Power of Eminent Domain by Railroad Corporations Generally - In the event a railroad company does not procure, by...
§ 46-8-126. Relocation of Highways Necessitated by Construction of Crossings - In all cases where a railroad crosses a highway and...
§ 46-8-133. Alteration of Railroad Tracks, Bridges, and Other Structures to Accommodate Motor Vehicles - No railroad, railroad company, railway company, or person, firm, or...
Article 6 - Operation of Trains Generally
Part 3 - Operation of Trains at Crossings
§ 46-8-194. Erection and Maintenance of Crossbuck Signs at Highway Grade Crossings; Conformance of Signs to Department of Transportation Standards - By July 31, 1976, each railroad company shall erect and...
§ 46-8-195. Bringing of Actions to Compel Railroad Companies to Post Crossbuck Signs - The Georgia Department of Transportation or, with respect to roads...
§ 46-8-196. Use of Standard Signs for Highway Crossings and for Advertising or Other Purposes; Mutilation, Destruction, and Defacement of Standard Signs; Removal of Unauthorized Signs by County Authorities - History. Ga. L. 1918, p. 268, § 1; Code 1933,...
§ 46-8-197. Legal Responsibility of Member of Train Crew, Yard Crew, or Engine Crew for Occupying or Blocking Street, Road, or Highway Grade Crossing Pursuant to Employer’s Order - No member of a train crew, yard crew, or engine...
Article 7 - Special Officers for Protection of Railroad Property
§ 46-8-230. Appointment of Officers by Governor; Power of Arrest; Source of Compensation - Upon the application of the president or resident executive officer...
§ 46-8-231. Powers, Duties, and Responsibilities of Officers Generally - All special officers appointed and commissioned as provided for in...
§ 46-8-232. Qualifications of Officers; Posting of Bond; Duration of Appointment and Commission; Filing Notice of Termination by Corporation; Revocation of Appointment and Commission - History. Ga. L. 1935, p. 465, § 3; Ga. L....
§ 46-8-233. Return of Processes to County of Origin - All criminal processes served by a special officer shall be...
Article 10 - Liability of Companies for Damages Generally
§ 46-8-290. Liability of Railroad Companies and Their Officers, Agents, and Employees for Injuries to Individuals and for Damage or Destruction of Property Generally - In all cases where an individual is injured, or his...
§ 46-8-291. Consent and Contributory Negligence as Defenses; Comparative Negligence as Affecting Amount of Recovery - No person shall recover damages from a railroad company for...
§ 46-8-292. Proof of Injury From Running of Train as Prima-Facie Evidence of Lack of Reasonable Skill and Care - In all actions against railroad companies for damages to persons...
Article 11 - Venue and Service of Process for Actions Against Railroad Companies
§ 46-8-310. Venue for Actions Against Lessee or Possessor of Railroad - The lessees of any railroad or the company having possession...
§ 46-8-311. Manner of Service of Process on Lessee of Railroad - When any person is sued as the lessee of a...
§ 46-8-312. Service of Process on Lessor Railroad Company, Generally - Whenever any railroad company incorporated under the laws of this...
§ 46-8-313. Manner of Service Where Address of President of Company Unknown - If the residence of the president of the lessor company...
§ 46-8-314. Venue and Service of Process in Actions Against Receivers, Trustees, and Other Officers of Railroad Companies; Obtaining Leave to Sue - Actions may be brought against receivers, trustees, assignees, and other...
Article 12 - Street, Suburban, and Interurban Railroads
§ 46-8-330. “Interurban Railroads” Defined - As used in this article, the term “interurban railroads” means...
§ 46-8-331. Incorporation, Control, and Management of Interurban, Suburban, and Street Railroads - All of the provisions of this title regarding the incorporation,...
§ 46-8-332. Power of Street, Suburban, or Interurban Railroad Corporation to Increase Capital Stock; Manner of Increase - History. Ga. L. 1902, p. 68, § 1; Civil Code...
§ 46-8-333. Use of Electricity, Gasoline, or Gas by Street, Suburban, and Interurban Railroads; Operation of Gas and Electric Plants, Generation and Furnishing of Gas and Electricity by Railroads - History. Ga. L. 1916, p. 44, § 1; Ga. L....
§ 46-8-334. Purchase, Mortgage, Transfer, or Disposal of Capital Stock, Bonds, or Other Indebtedness; Acquisition of Property, Rights, and Franchises - By vote of a majority of the outstanding capital stock,...
§ 46-8-335. Time of Effectiveness of Guaranty or Acquisition of Stock, Property, and Franchises; Protection of Rights of Dissenting Stockholders - History. Ga. L. 1909, p. 163, § 2; Civil Code...
§ 46-8-336. Manner of Acquiring Property, Franchises, and Rights; Nature of Rights and Privileges of Purchasing or Consolidated Corporation; Secretary of State’s Certificate as Evidence of Existence of Corporation - History. Ga. L. 1909, p. 163, § 3; Civil Code...
§ 46-8-337. Issuance of Bonds, Notes, or Other Indebtedness by Consolidated Corporation; Pledge of Security - The consolidated corporation formed pursuant to Code Sections 46-8-334 through...
§ 46-8-338. Tax Exemption for Property and Capital Stock of Street, Suburban, or Interurban Railroad Companies With Tracks and Appurtenances Extended Into Adjoining State - Any company that extends its railroad into an adjoining state...
§ 46-8-339. Authority of Street, Suburban, and Interurban Railroad Companies to Furnish Steam for Heating and Power Purposes and to Lay and Maintain Steampipes - Street, suburban, and interurban railroad companies incorporated under the laws...
§ 46-8-340. Free Transportation for Policemen, Firemen, and Other Members of Municipal and County Utility Departments by Street, Suburban, and Interurban Railroad Companies - Any street, suburban, or interurban railroad company may furnish free...
§ 46-8-341. Lease and Sale of Roads, Franchises, and Property Between Street, Suburban, and Interurban Railroad Companies; Property Purchaser’s Liability for Debts and Claims Against Lessor or Vendor - All street, suburban, and interurban railroad companies may lease or...
§ 46-8-342. Acquisition, Sale, Operation, Transfer, or Disposal of Motor Buses and Trackless Trolleys by Street, Suburban, and Interurban Railroad Companies - History. Ga. L. 1924, p. 99, § 1; Ga. L....
§ 46-8-343. Utilization of Trackless Trolleys by Street, Suburban, or Interurban Railroad Companies - Any company owning, leasing, or operating street railroads, suburban railroads,...
§ 46-8-344. Sale of Street, Suburban, or Interurban Railroad and Bus Transportation Operations by Companies Engaged in Operating Electric Generating Plants, Generally - Any electric street, suburban, or interurban railroad company which is...
§ 46-8-345. Consent by Municipality to Sale of Street, Suburban, or Interurban Railroad and Bus Properties and Franchises; Hearing for Approval of Sale; Filing of Board Resolution, Resolution of Municipality, and Order of Approval - Any electric street, suburban, or interurban railroad corporation which desires...
§ 46-8-346. Effect of Sale on Corporate Existence, Powers, and Liabilities of Company - Upon compliance with Code Sections 46-8-344 and 46-8-345, the electric...
§ 46-8-347. Adoption of Chapter by Railroad Companies - Any railroad company desiring to adopt this chapter as a...
§ 46-8-348. Jurisdiction of Commission Over Interurban Railroads; Applicability of Laws Pertaining to Other Railroad Companies; Existing Contracts Between Municipalities and Railroad Companies; Fares Established by Contract Prior to August 16, 1921 - Nothing in this article shall be construed as depriving the...
Article 14 - Miscellaneous Offenses
§ 46-8-380. Intruding on Railroad Tracks - Any person intruding unlawfully upon the constructed track of a...
§ 46-8-381. Hiding on Train for Purpose of Stealing a Ride - Any person who rides or attempts to ride on a...
§ 46-8-382. Neglect or Refusal of Officer, Agent, or Employee of Railroad Company to Make and Furnish Report Required by Commission; Obstructing Commission - Every officer, agent, or employee of any railroad company who...