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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 44. PROPERTY |
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Chapter 9. EASEMENTS |
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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 |
| § 44-9-41. Contents of petition; manner of service and advertisement; fees |
| § 44-9-42. Selection of assessors |
| § 44-9-43. Show cause order; selection of assessors; hearing before assessors |
| § 44-9-44. Appeals from award of assessors; jury trial |
| § 44-9-45. Maintenance of private way by condemnor; failure to maintain as abandonment |
| § 44-9-46. Determination of amount of compensation and other issues by jury; payment and disposition of damages |
| § 44-9-47. Motions and proceedings subsequent to judgment; payment of compensation; nonpayment as abandonment; effect of abandonment on subsequent application |
| § 44-9-48. Agreements between parties as to payment of compensation |
| § 44-9-49. Establishment of private way by agreement between parties |
| § 44-9-50. Recording of private way; protection of owner's use |
| § 44-9-51. Establishment of private way by several landowners -- Duties and privileges of subsequent vendees |
| § 44-9-52. Establishment of private way by several landowners -- Apportionment of work among landowners |
| § 44-9-53. Establishment of private way over wild lands without notice to landowner; assessment of damages after notice |
| § 44-9-54. Establishment of private way by prescription -- Generally |
| § 44-9-55. Establishment of private way by prescription -- When owners barred from damages |
| § 44-9-56. Notice of closing of private way after one year's use |
| § 44-9-57. Limitation on use of private ways for specific commercial purposes |
| § 44-9-58. Petition to use another's landing |
| § 44-9-59. Obstructions; proceedings for removal; petition; rule nisi; order; appeal; fees |
| § 44-9-60. Conditions for converting private ways into public roads |
REFS & ANNOS
TITLE 44 Chapter 9 Article 3 NOTE
CROSS REFERENCES. --Taking of private ways upon payment of just compensation, Ga. Const. 1983, Art. I, Sec. III, Para. II.
JUDICIAL DECISIONS
CONSTITUTIONALITY, see Cato v. Arnold, 222 Ga. 567, 151 S.E.2d 149 (1966).
UNCONSTITUTIONALITY OF O.C.G.A. § 44-9-47 DOES NOT INVALIDATE GENERAL SCHEME. --Although O.C.G.A. § 44-9-47 is unconstitutional, that portion of Art. 3, Ch. 9, T. 44, is not such an integral part of the statute as to invalidate the general legislative scheme. Arnold v. Selected Sites, Inc., 229 Ga. 468, 192 S.E.2d 260 (1972).
WHEN ROAD HAS BEEN USED AS PRIVATE WAY FOR AS MUCH AS ONE YEAR, an owner of land over which it passes may not close it up without first giving the common users of the way 30-days' notice in writing, that they may take steps to have it made permanent by proceeding before the ordinary (now probate judge), in the manner provided by O.C.G.A. Art. 3, Ch. 9, T. 44. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392 (1943).
THOSE WHO TRAVEL OVER A ROUTE MAY ACQUIRE AN INCHOATE RIGHT BEFORE THEY SECURE PERFECT TITLE. Thus, even incomplete and partial prescription will prevent the owner from obstructing a private way which has been used for 12 months, unless the person first gives 30-days' notice in writing of intention to the common users. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392 (1943).
CITED in State Hwy. Dep't v. Ball, 112 Ga. App. 480, 145 S.E.2d 577 (1965); State Hwy. Dep't v. Davis, 129 Ga. App. 142, 199 S.E.2d 275 (1973).
RESEARCH REFERENCES
ALR. --Right to string wires across railroad right of way, 18 ALR 619.
Right of owner of property not abutting on closed section to compensation for vacation of street or highway, 93 ALR 639.
Right to park vehicles on private way, 37 ALR2d 944.
Power to directly regulate or prohibit abutter's access to street or highway, 73 ALR2d 652.
Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 ALR2d 743.
What constitutes unity of title or ownership sufficient for creation of an easement by implication or by way of necessity, 94 ALR3d 502.
Way of necessity over another's land, where a means of access does exist, but is claimed to be inadequate, inconvenient, difficult, or costly, 10 ALR4th 447.
Way of necessity where only part of land is inaccessible, 10 ALR4th 500.
JUDICIAL DECISIONS
CONSTITUTIONALITY, see Cato v. Arnold, 222 Ga. 567, 151 S.E.2d 149 (1966).
UNCONSTITUTIONALITY OF O.C.G.A. § 44-9-47 DOES NOT INVALIDATE GENERAL SCHEME. --Although O.C.G.A. § 44-9-47 is unconstitutional, that portion of Art. 3, Ch. 9, T. 44, is not such an integral part of the statute as to invalidate the general legislative scheme. Arnold v. Selected Sites, Inc., 229 Ga. 468, 192 S.E.2d 260 (1972).
WHEN ROAD HAS BEEN USED AS PRIVATE WAY FOR AS MUCH AS ONE YEAR, an owner of land over which it passes may not close it up without first giving the common users of the way 30-days' notice in writing, that they may take steps to have it made permanent by proceeding before the ordinary (now probate judge), in the manner provided by O.C.G.A. Art. 3, Ch. 9, T. 44. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392 (1943).
THOSE WHO TRAVEL OVER A ROUTE MAY ACQUIRE AN INCHOATE RIGHT BEFORE THEY SECURE PERFECT TITLE. Thus, even incomplete and partial prescription will prevent the owner from obstructing a private way which has been used for 12 months, unless the person first gives 30-days' notice in writing of intention to the common users. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392 (1943).
CITED in State Hwy. Dep't v. Ball, 112 Ga. App. 480, 145 S.E.2d 577 (1965); State Hwy. Dep't v. Davis, 129 Ga. App. 142, 199 S.E.2d 275 (1973).
RESEARCH REFERENCES
ALR. --Right to string wires across railroad right of way, 18 ALR 619.
Right of owner of property not abutting on closed section to compensation for vacation of street or highway, 93 ALR 639.
Right to park vehicles on private way, 37 ALR2d 944.
Power to directly regulate or prohibit abutter's access to street or highway, 73 ALR2d 652.
Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 ALR2d 743.
What constitutes unity of title or ownership sufficient for creation of an easement by implication or by way of necessity, 94 ALR3d 502.
Way of necessity over another's land, where a means of access does exist, but is claimed to be inadequate, inconvenient, difficult, or costly, 10 ALR4th 447.
Way of necessity where only part of land is inaccessible, 10 ALR4th 500.