Section 44-8-10. Construction or establishment of private bridge or ferry; grant of franchise to construct or operate public bridge or ferry; compensation to landowner for interference with possession; when franchise exclusive generally; exclusive franchises pertaining to streets or sidewalks

   The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one's lands is appurtenant to the ownership of the land; but the right to establish and operate a public bridge or ferry is a franchise to be granted by the state. Where the grant of such a franchise interferes with an owner's right of exclusive possession, just compensation must first be paid to the landowner. No such franchise granted by this state shall be held to be exclusive unless it is plainly and expressly declared to be exclusive in the grant; except, however, that any municipality of this state having a population of more than 200,000 according to the United States decennial census of 1930 or any future such census is authorized to grant an exclusive franchise pertaining to streets or sidewalks for a period of three years, but not subject to renewal, to any person, firm, or corporation under this authority to grant such a franchise whether or not it is plainly or expressly stated in the charter of the municipality.

Orig. Code 1863, §§ 2212, 2213; Code 1868, §§ 2207, 2208; Code 1873, §§ 2233, 2234; Code 1882, §§ 2233, 2234; Civil Code 1895, §§ 3063, 3064; Civil Code 1910, §§ 3639, 3640; Code 1933, §§ 85-1311, 85-1312; Ga. L. 1937, p. 502, § 1; Ga. L. 1982, p. 2107, § 47.