reglab/housing_qa huggingface dataset:
GA Code § 44-9-46 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 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 for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor's right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court's order regarding the party or parties entitled thereto.   (Code 1933, § 83-106, enacted by Ga. L. 1967, p. 143, § 2.)
GA Code § 44-9-47 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 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 case, any party may have all remedies provided by law, including a motion for a new trial, a motion for an appeal, a motion for judgment on the pleadings, or a motion for judgment notwithstanding the verdict. Before the judgment becomes final and after the determination of any motions or appeals, the compensation fixed by the jury shall be paid in cash into the registry of the court by the applicant; and, upon the failure to pay the compensation, the private way applied for shall be considered abandoned. Upon a motion made by any interested party and a notice of not less than ten days to the applicant for the private way, the court shall enter a judgment of abandonment accordingly. If the right to the private way is abandoned in this manner and, after notice to the applicant, the court so finds, no application for a private way over the same land shall thereafter be filed by the same applicant or his successor in title.   (Code 1933, § 83-106-A, enacted by Ga. L. 1967, p. 143, § 2; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 127 et seq.   C.J.S.   - 28A C.J.S., Easements, § 205 et seq.
GA Code § 44-9-48 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-48. Agreements Between Parties as to Payment of Compensation

 Code Section 44-9-47 shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon terms to which the parties agree, including security for compensation so fixed, provided and on condition that the agreement of the parties is approved by the court and that the court fixes reasonable conditions under which the right of private way shall be abandoned and a judgment of abandonment entered after notice for a period of ten days in the manner provided by Code Section 44-9-47.   (Code 1933, § 83-106-B, enacted by Ga. L. 1967, p. 143, § 2.)
GA Code § 44-9-49 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-49. Establishment of Private Way by Agreement Between Parties

 Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered on the official minutes of the county commission and the road deed file and, when so done, shall have the same effect as though established by Code Sections 44-9-40 through 44-9-48.   (Orig. Code 1863, § 698; Code 1868, § 760; Code 1873, § 726; Code 1882, § 726; Civil Code 1895, § 667; Civil Code 1910, § 813; Code 1933, § 83-107.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, §§ 3, 21.   C.J.S.   - 28A C.J.S., Easements, §§ 59, 147, 155, 160.   ALR.    - Private easement in way vacated, abandoned, or closed by public, 150 A.L.R. 644.   Maintenance, use, or grant of right of way over restricted property as violation of restrictive covenant, 25 A.L.R.2d 904.
GA Code § 44-9-50 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-50. Recording of Private Way; Protection of Owner's Use

 When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the road deed file; and the owner thereof shall be entitled to be protected in the use of the same as a public road.   (Orig. Code 1863, § 699; Code 1868, § 761; Code 1873, § 727; Code 1882, § 727; Civil Code 1895, § 668; Civil Code 1910, § 814; Code 1933, § 83-108.)
GA Code § 44-9-51 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 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 or in maintaining it after establishment or both. When this has been done and has been entered on the official minutes of the county commission and the road deed file, the duties and privileges incident thereto shall extend to vendees of the same real estate.   (Orig. Code 1863, § 700; Code 1868, § 762; Code 1873, § 728; Code 1882, § 728; Civil Code 1895, § 669; Civil Code 1910, § 815; Code 1933, § 83-109.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 52.
GA Code § 44-9-52 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-52. Establishment of Private Way by Several Landowners - Apportionment of Work Among Landowners

 When several landowners join together in opening a private way, they may apportion the road work among themselves.   (Orig. Code 1863, § 701; Code 1868, § 763; Code 1873, § 729; Code 1882, § 729; Civil Code 1895, § 670; Civil Code 1910, § 816; Code 1933, § 83-110.)
GA Code § 44-9-53 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 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 of a person who has no notice of the proceeding, at any time within six months after the receipt of such notice he may proceed to have damages assessed against all the landowners who habitually use the private way.   (Orig. Code 1863, § 702; Code 1868, § 764; Code 1873, § 730; Code 1882, § 730; Civil Code 1895, § 671; Civil Code 1910, § 817; Code 1933, § 83-111.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, §§ 53, 129, 130.   C.J.S.   - 28A C.J.S., Easements, §§ 209, 210.
GA Code § 44-9-54 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-54. Establishment of Private Way by Prescription - Generally

 Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way.   (Ga. L. 1872, p. 60, § 1; Code 1873, § 737; Code 1882, § 737; Civil Code 1895, § 678; Civil Code 1910, § 824; Code 1933, § 83-112.)   Cross references.   - Obtaining title to land through adverse possession generally, § 44-5-160 et seq.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability   Requirements   Results   Interference and Obstructions    RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 45 et seq.   C.J.S.   - 28A C.J.S., Easements, §§ 14 et seq., 129, 145, 163.   ALR.   - Necessary parties defendant to suit to prevent or remove obstruction or interference with easement of way, 28 A.L.R.2d 409.   Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.   Right of owners of parcels into which dominant tenement is or will be divided to use right of way, 10 A.L.R.3d 960.   Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.   Tacking as applied to prescriptive easements, 72 A.L.R.3d 648.   Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.
GA Code § 44-9-55 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-55. Establishment of Private Way by Prescription - When Owners Barred From Damages

 When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months' knowledge of such facts without moving for damages.   (Orig. Code 1863, § 703; Code 1868, § 765; Code 1873, § 731; Code 1882, § 731; Civil Code 1895, § 672; Civil Code 1910, § 818; Code 1933, § 83-113; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 129, 130.   C.J.S.   - 28A C.J.S., Easements, §§ 191, 209, 210.   ALR.   - Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.
GA Code § 44-9-56 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-56. Notice of Closing of Private Way After One Year's Use

 If a road has been used as a private way for as much as one year, the owner of the land over which it passes may not close it up without first giving the common users of the private way 30 days' written notice so that they may take steps to have it made permanent pursuant to Code Sections 44-9-42 through 44-9-48.   (Orig. Code 1863, § 704; Code 1868, § 766; Code 1873, § 732; Code 1882, § 732; Civil Code 1895, § 673; Civil Code 1910, § 819; Code 1933, § 83-114.)   OPINIONS OF THE ATTORNEY GENERAL    Purpose of O.C.G.A. § 44-9-56 is to give the users an opportunity to take proper steps to undertake to make the private way a permanent one, which would give the owner an opportunity to show any cause why it should not be made permanent. 1950-51 Op. Att'y Gen. p. 431.   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 110.   C.J.S.   - 28A C.J.S., Easements, § 117.
GA Code § 44-9-57 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes

  When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing where the business of rafting or shipping is carried on or to any railroad depot, the use of the private way shall not extend to the use of any landing erected by a person for his own benefit.   Notwithstanding subsection (a) of this Code section, if there is only one bluff or place of landing, the owner may not appropriate it to himself exclusively if he will not be damaged by the admission of others to its use or if he is properly compensated for any damages he sustains; but no person shall be entitled to use the wood-slide or other improvement erected by another for his own use or a timber landing while the owner is using it.    (Ga. L. 1853-54, p. 90, § 2; Code 1863, §§ 705, 706; Code 1868, §§ 767, 768; Code 1873, §§ 733, 734; Code 1882, §§ 733, 734; Civil Code 1895, §§ 674, 675; Civil Code 1910, §§ 820, 821; Code 1933, §§ 83-115, 83-116.)   RESEARCH REFERENCES   ALR.   - Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.
GA Code § 44-9-58 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-58. Petition to Use Another's Landing

 When the applicant for a private way also desires to use another's landing, he must state this desire in his petition so that proper damages may be assessed for such use.   (Orig. Code 1863, § 707; Code 1868, § 769; Code 1873, § 735; Code 1882, § 735; Civil Code 1895, § 676; Civil Code 1910, § 822; Code 1933, § 83-117.)
GA Code § 44-9-60 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 3 - Private Ways|§ 44-9-60. Conditions for Converting Private Ways Into Public Roads

 Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in connection with adjacent public roads.   (Orig. Code 1863, § 709; Code 1868, § 771; Code 1873, § 741; Code 1882, § 741; Civil Code 1895, § 682; Civil Code 1910, § 828; Code 1933, § 83-122.)   RESEARCH REFERENCES   ALR.    - Private easement in way vacated, abandoned, or closed by public, 150 A.L.R. 644.
GA Code § 44-9-71 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 44-9-71. Rights of Way for Mining, Quarrying, and Other Business - Appointment of Arbitrators

 In the event the parties disagree as to the necessity for the right of way sought to be condemned and as to the compensation to be paid to the landowners therefor, arbitrators may be selected as provided by Parts 1 and 2 of Article 2 of Chapter 9 of Title 9.   (Ga. L. 1887, p. 35, § 3; Civil Code 1895, § 651; Civil Code 1910, § 796; Code 1933, § 83-202.)
GA Code § 44-9-72 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 44-9-72. Rights of Way for Mining, Quarrying, and Other Business - Arbitration of Requests for Diversions of Watercourses

 In all cases where it may be deemed desirable and necessary to divert any watercourse from its usual channel for any of the purposes specified in Code Section 44-9-70, it shall be lawful to submit the request to arbitration as provided in Chapter 9 of Title 9; and the arbitrators shall decide if it is necessary to divert the watercourse, who will be damaged by the diversion, and the amount of damage which will result.   (Ga. L. 1862-63, p. 171, § 1; Code 1868, § 774; Code 1873, § 744; Code 1882, § 744; Civil Code 1895, § 652; Civil Code 1910, § 797; Code 1933, § 83-203.)
GA Code § 44-9-73 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 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

  The owner of any mine shall have the right to enter upon any land between the mine and the water power upon which the mine is dependent and to cut thereon such ditch, canal, or tunnel or to construct such flume or other aqueduct and to build such dam as may be necessary to control the water power; provided, however, that the mine owner shall first have the damages assessed arising to the owner of the intervening land or to the owner of the land on which the dam is to be erected and shall pay such damages to the owner of the land so intervening or on which such dam is to be erected.   After giving the owner of the land to be entered upon at least five days' notice of his intention to make such application, the owner of the mine shall present to the judge of the probate court of the county his written application for the right and privilege of cutting such ditch, canal, or tunnel or constructing such flume or aqueduct or erecting such dam.    (Ga. L. 1868, p. 139, §§ 1, 2; Code 1873, §§ 746, 747; Code 1882, §§ 746, 747; Civil Code 1895, §§ 653, 654; Civil Code 1910, §§ 798, 799; Code 1933, §§ 83-204, 83-205.)   RESEARCH REFERENCES   ALR.    - Validity of statute restricting the right of mining so as not to interfere with surface, 28 A.L.R. 1330.
GA Code § 44-9-74 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 44-9-74. Right to Drain Mine, Carry Off Ore or Transport Items Over Adjoining Land; Compensation of Landowner; Application for Such Right; Proceedings

  The owner of any mine shall have the right to enter upon any land and to cut and open thereon such ditches, canals, and tunnels or to construct such flumes or other aqueducts or such rope, wire, track, or other tramway or such wagonway as may be necessary to drain his mine, to carry off and drain away the water and tailings of the mine or mining operations, or to carry off and transport any crude ore from the mine or mining operations to the mill or other place of reduction where the ore is to be refined; provided, however, that the mine owner shall first have the damages arising or which may arise to the owner of the land assessed and shall pay same to the owners of such land.   The mine owner who desires the right and privilege of cutting and opening ditches, canals, or tunnels or of constructing such flumes or other aqueducts shall make his application under and according to the provisions and requirements specified in Title 22 and all proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22, all of which provisions and requirements are extended to the owners of mines desiring to drain their mines and to carry off the water and tailings from their mines and mining operations through or over the land of others.    (Ga. L. 1870, p. 264, §§ 1, 2; Code 1873, §§ 752, 753; Code 1882, §§ 752, 753; Ga. L. 1895, p. 20, § 1; Civil Code 1895, §§ 655, 656; Civil Code 1910, §§ 800, 801; Code 1933, §§ 83-207, 83-208.)   RESEARCH REFERENCES   ALR.   - Rights and obligations, with respect to adjoining landowners, arising out of secondary recovery of gas, oil, and other fluid minerals, 19 A.L.R.4th 1182.
GA Code § 44-9-75 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 44-9-75. Application of Article to Lessee of Mine

 Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall be entitled to avail himself or themselves of the benefits and privileges of this article.   (Ga. L. 1868, p. 139, § 6; Code 1873, § 750; Code 1882, § 750; Civil Code 1895, § 657; Ga. L. 1897, p. 21, § 1; Code 1933, § 83-209.)   RESEARCH REFERENCES   ALR.    - Validity of statute restricting the right of mining so as not to interfere with surface, 28 A.L.R. 1330.    Right to incidental gas or oil under mining lease, 64 A.L.R. 734.    Contract for the sale of gas or oil produced from wells on leased premises as creating an interest or equity affecting a subsequent assignee or lessee, 64 A.L.R. 1244.    Constitutionality of statute or ordinance limiting right of surface owner in respect of oil or gas, 67 A.L.R. 1346; 99 A.L.R. 1119.    Effect of acquisition by assignee or sublessee of lessee in mining lease of rights inconsistent with those reserved by lessee, 69 A.L.R. 936.    Overriding royalty as affected by surrender, forfeiture, abandonment, or loss of lease, 135 A.L.R. 557.    Deed or mortgage of real estate as affecting right to oil and gas or royalty interest under existing lease, 140 A.L.R. 1280.   Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty, 28 A.L.R.2d 1013.   Expenses and taxes deductible by lessee in computing lessor's oil and gas royalty or other return, 73 A.L.R.2d 1056.   Duty of lessee or assignee of mineral lease other than lease for oil and gas, as regards marketing or delivery for marketing of mineral products, 77 A.L.R.2d 1058.   Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.
GA Code § 44-9-76 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 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 in cubic feet, than the surplus be withdrawn and carried away entirely from a stream above any mill or factory, surplus water being that full amount of water that would run to waste with a tight mill dam at such mill or factory. This Code section shall apply as fully to owners of mines as to lessees of mines.   (Ga. L. 1868, p. 139, § 6; Ga. L. 1897, p. 21, § 1; Civil Code 1910, § 803; Code 1933, § 83-206.)
GA Code § 44-9-90 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 5 - Timber Tramways|§ 44-9-90. Petition for Construction of Tramway

 Any person or corporation desiring to build or construct any tramway to connect with any waterway or railway in this state for the purpose of transporting lumber, naval stores, and timber by means of the same may make application in writing to the judge of the probate court or the county commissioners of the county in which the tramway is to be located, which application shall set out the length of the tramway, the starting place and the terminus, and the line of its location.   (Ga. L. 1887, p. 103, § 1; Civil Code 1895, § 658; Civil Code 1910, § 804; Code 1933, § 83-301.)   RESEARCH REFERENCES   ALR.    - Exercise of power of eminent domain for purposes of logging road or logging railroad, 86 A.L.R. 552.
GA Code § 44-9-91 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 5 - Timber Tramways|§ 44-9-91. Proceedings to Lay Out Way; Maximum Width

 When the application provided for in Code Section 44-9-90 has been filed in the office of the judge of the probate court or the office of the county commissioners, as the case may be, all the proceedings thereafter shall be the same as are allowed and directed by Title 22 for condemning property, except that the strip of land to be used for such purpose shall not exceed 20 feet in width.   (Ga. L. 1887, p. 103, § 2; Civil Code 1895, § 659; Civil Code 1910, § 805; Code 1933, § 83-302; Ga. L. 1953, Nov.-Dec. Sess., p. 98, § 2; Ga. L. 1982, p. 3, § 44.)
GA Code § 44-9-92 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 5 - Timber Tramways|§ 44-9-92. Abandonment; Effect

 If the tramway so laid out shall at any time cease to be used for such purposes, the land employed for such way shall revert to the owner thereof.   (Ga. L. 1887, p. 103, § 3; Civil Code 1895, § 660; Civil Code 1910, § 806; Code 1933, § 83-303.)
GA Code § 44-10-1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-1. Short Title

 This article shall be known and may be cited as the "Georgia Uniform Conservation Easement Act."    (Code 1981, §44-10-1, enacted by Ga. L. 1992, p. 2227, § 1.)   Law reviews.   - For article, "A Time to Preserve: A Call for Formal Private-Party Rights in Perpetual Conservation Easements," 40 Ga. L. Rev. 85 (2005).