GA Code § 44-9-70 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 9 - Easements|Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses|§ 44-9-70. Rights of Way for Mining, Quarrying, and Other Business - Method of Obtaining

 Any person, firm, corporation, company of persons, or corporation chartered under the laws of any state of the United States who is actually engaged in the business of mining iron, copper, gold, coal, or any other metal or mineral; quarrying marble, granite, or any other stone; or making copperas, sulphur, saltpeter, alum, or other similar articles and who needs a right of way for a railroad, turnpike, or roadway; an easement for pipelines or power lines; or a common road across the lands of others in order to operate his business successfully may obtain a right of way in the manner provided in this article for acquiring the right to convey water across the lands of others by the owners of mines. 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.   (Ga. L. 1862-63, p. 171, § 1; Code 1868, § 772; Code 1873, § 742; Code 1882, § 742; Ga. L. 1887, p. 35, § 2; Civil Code 1895, § 650; Ga. L. 1904, p. 51, § 1; Civil Code 1910, § 795; Code 1933, § 83-201; Ga. L. 1952, p. 38, § 1.)   Cross references.   - Mining and drilling generally, § 12-4-20 et seq.   JUDICIAL DECISIONS    O.C.G.A. Art. 4, Ch. 9, T. 44 is a constitutional exercise of legislative authority. Jones & Co. v. Venable, 120 Ga. 1, 47 S.E. 549, 1 Ann. Cas. 185 (1904).    O.C.G.A. § 44-9-70's "necessity" standard, which is based upon the successful operation of the applicant's business, is a valid exercise of the General Assembly's state constitutional authority with respect to the declaration of private ways of necessity. Benton v. Georgia Marble Co., 258 Ga. 58, 365 S.E.2d 413 (1988).    O.C.G.A. § 44-9-70 does not constitute a delegation of the state's power of eminent domain with respect to property to be condemned for a public purpose. Benton v. Georgia Marble Co., 258 Ga. 58, 365 S.E.2d 413 (1988).    O.C.G.A. Art. 4, Ch. 9, T. 44 applies only to corporations chartered within this state. Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co., 119 Ga. 354, 46 S.E. 422, 100 Am. St. R. 174 (1904).   RESEARCH REFERENCES   17B Am. Jur. Pleading and Practice Forms, Mines and Minerals, § 2.   ALR.    - Validity of statute restricting the right of mining so as not to interfere with surface, 28 A.L.R. 1330.    Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.   Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.   Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.   Correlative rights of dominant and servient owners in right of way for pipeline, 28 A.L.R.2d 626.   Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.   Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.   Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.   Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.   Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.   State statute of limitations applicable to inverse condemnation or similar proceedings by landowner to obtain compensation for direct appropriation of land without the institution or conclusion of formal proceedings against specific owner, 26 A.L.R.4th 68.