Section 46-8-124. Exercise of power of eminent domain by railroad corporations generally

   In the event a railroad company does not procure, by contract, lease, or purchase, the title to the lands, rights of way, or other property necessary for the construction or connection of the railroad and of such branches and extensions as are necessary or proper for the company to reach its freight or passenger depot in any city in this state or as are necessary to reach its wharves, docks, or other necessary terminal facilities, the company may construct its railroad over any lands, any rights of way, or the tracks of other railroads upon paying or tendering to the owner thereof, or to the legally authorized representative of such owner, just and reasonable compensation for said lands or said right of way. If the compensation cannot be agreed upon, it shall be assessed and determined in the manner provided in Title 22.

Ga. L. 1892, p. 37, § 11; Ga. L. 1895, p. 95, §§ 2, 3; Civil Code 1895, § 2170; Civil Code 1910, § 2588; Code 1933, § 94-308.