reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 1 - COMMERCIAL PROPERTY (§§ 32-6-130 — 32-6-135) › Section 32-6-131 - Permit requirement as to construction or improvement of commercial driveways; authority of department to close driveways for violations

It shall be unlawful for any person to construct a new commercial driveway or to reconstruct, alter, or improve any existing commercial driveway without first obtaining a permit from the department therefor and complying with the department regulations authorized by Code Section
32-6-133
. A violation of this Code section, in addition to being unlawful, shall entitle the department to barricade, displace, or otherwise close such driveway and to collect the costs therefor from the violator as provided in Code Section
32-6-134
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 1 - COMMERCIAL PROPERTY (§§ 32-6-130 — 32-6-135) › Section 32-6-132 - Change or substitution of existing commercial driveways

Any commercial driveway constructed prior to July 1, 1973, and adjudged by the department to be unsafe for the traveling public or in violation of department regulations promulgated pursuant to Code Section
32-6-133
may be changed or caused to be changed by the department so as to eliminate any unsafe features; or it may be closed or displaced by substitution therefor of another driveway at such place or of such design as may be deemed safe. Liability for the expense of such change or substitution will be determined in accordance with Code Section
32-6-134
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 1 - COMMERCIAL PROPERTY (§§ 32-6-130 — 32-6-135) › Section 32-6-133 - Promulgation of regulations; charges for permits for commercial driveways

(a)
The department is granted the authority to promulgate uniform and reasonable regulations to carry out the provisions of this part. In making such regulations the department shall specify among other things the circumstances under which commercial driveway permits may be issued or revoked, provided that such regulations shall not deprive the landowner of reasonable access to the public road on the state highway system.
(b)
(1)
Where a person seeks a permit to construct, reconstruct, alter, or improve a commercial driveway and the commercial driveway will lie in whole or in part upon a parcel of land acquired for the state highway system from such person or the immediately preceding owner of such property from whom such person acquired title to such property, the total amount of money charged to such person as a condition of obtaining the permit shall not exceed the compensation received by such person or the immediately preceding owner of such property from whom such person acquired title to such property for such parcel of land upon its acquisition for the state highway system. This limitation shall apply to the total of all amounts of money of whatever character charged to such person as a condition of obtaining the permit, including without limitation any and all amounts charged for title to or use of land and any and all fees or other costs of any nature whatsoever. This subsection shall constitute only a maximum limitation upon the total amount of money charged under such circumstances and shall not in any manner be construed to establish a minimum amount of money to be charged under such circumstances.
(2)
Except in the case of heirs and assigns, the limitation of the department to require a payment of more than the maximum amount received for such property as provided in paragraph (1) of this subsection shall last for only a ten-year period from the date of the initial acquisition of property by the department.
(3)
This subsection shall apply with respect to land acquired for the state highway system prior to April 15, 1996, as well as land so acquired on or after April 15, 1996.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 1 - COMMERCIAL PROPERTY (§§ 32-6-130 — 32-6-135) › Section 32-6-134 - Procedure by department upon discovery of violation of Code Section 32-6-131; liability for expenses incurred in connection with changes made in commercial driveways

(a)
Upon discovery of a violation of Code Section
32-6-131
, the department shall give written notice by certified mail or statutory overnight delivery to the offender to commence removing any offending condition within ten days of receipt of such notice. Upon failure to comply with such notice or to complete such work within a reasonable time after such notice, the department may remove, prevent, or rectify any offending condition by barricading or closing the commercial driveway or a portion thereof, or by other methods, and certify the expenses thereof for collection to the Attorney General.
(b)
Where, in accordance with Code Section
32-6-132
, a change is made in a commercial driveway in existence on July 1, 1973, the department shall be liable for the expenses thereof, provided that the commercial driveway so changed did not, before such change, provide an unsafe and unreasonable access from the abutting property, considering that there exists in the owner of the abutting property a private property right to have a reasonable access from such property to the public road as the same was and would have continued to be according to the mode of its original use. Before making any change or substitution in a commercial driveway in existence on July 1, 1973, when the department has determined that it shall not bear the expenses thereof, the department first shall give written notice to the abutting property owner to begin within 90 days the necessary change in or substitution of the driveway, provided that in the case of a nuisance such notice need be given only ten days in advance. Upon failure of the abutting property owner to complete the necessary change or substitution, the department may perform the necessary work and certify the expenses thereof to the Attorney General for collection.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 1 - COMMERCIAL PROPERTY (§§ 32-6-130 — 32-6-135) › Section 32-6-135 - Effect of part on authority of counties and municipalities to regulate highways, roads, and streets

Nothing in this part is intended to limit the authority of a county or a municipality to regulate highways, roads, or streets under their exclusive jurisdiction.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 2 - SUBDIVISIONS (§§ 32-6-150 — 32-6-154) › Section 32-6-150 - "Subdivision" defined

As used in this part, the term "subdivision" means all divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development; includes all division of land involving a new public road or a change in existing public roads or new drives, driveways, access ways, or changes that require access to the state right of way; includes resubdivision; and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:
(1)
The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality; and
(2)
The division of land into parcels of five acres or more where no new street is involved.
Amended by 2003 Ga. Laws 252, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 2 - SUBDIVISIONS (§§ 32-6-150 — 32-6-154) › Section 32-6-151 - Department recommendation as to approval or rejection of a proposed subdivision plat abutting any part of or requiring access to the state highway system

A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on the planning commission unless the planning commission, by official action recorded in its minutes, overrules such department action.
Amended by 2003 Ga. Laws 252, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 2 - SUBDIVISIONS (§§ 32-6-150 — 32-6-154) › Section 32-6-152 - Department approval or rejection of plat submitted by proprietor of subdivision abutting any part of or requiring access to the state highway system

The proprietor of a subdivision to be developed within a county or municipality which has not created a planning commission shall submit three copies of the plat to the department if such a proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plan, shall approve or reject it, with written reasons for such rejection and requirements for approval, and note such action on the copy to be returned to the proprietor as well as on the copy to be returned to the county or municipal governing authority concerned. Such rejection shall be binding on the county or municipality concerned unless the county or municipal governing authority concerned, by official action recorded in its minutes, overrules such department action. Failure of the department to act within the 30 day period provided in this Code section shall constitute approval.
Amended by 2003 Ga. Laws 252, § 3, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 2 - SUBDIVISIONS (§§ 32-6-150 — 32-6-154) › Section 32-6-153 - Factors to be considered by department in making recommendations to planning commissions and in approving or rejecting plats

Where the department is required to make recommendations to a planning commission under Code Section
32-6-151
or to approve a proposed plat under Code Section
32-6-152
, the department, in addition to considering other factors, shall base its recommendation or approval on the following being provided for in the plat:
(1)
Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state highway system, such dedication to include land necessary for future widening of the state highway system; and
(2)
An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the state highway system.
Amended by 2003 Ga. Laws 252, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 5 - COMMERCIAL PROPERTY AND SUBDIVISIONS (§§ 32-6-130 — 32-6-154) › Part 2 - SUBDIVISIONS (§§ 32-6-150 — 32-6-154) › Section 32-6-154 - Effect of part on requirement as to commercial driveway permit

Nothing in this part shall dispense with the requirement of obtaining a commercial driveway permit as set forth in Part 1 of this article.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 1 - IN GENERAL (§§ 32-6-170 — 32-6-175) › Section 32-6-172 - Authority of department to obtain replacement right of way for relocated utility

(a)
Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility, provide a replacement right of way.
(b)
Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs.
(c)
Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section
32-3-1
may be transferred to such utility as authorized in Code Section
32-7-3
. However, the procedures for sale of property as set forth in Code Section
32-7-4
shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 1 - IN GENERAL (§§ 32-6-170 — 32-6-175) › Section 32-6-173 - Payment of expenses of removal and relocation of utility facilities

The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code Section
32-6-171
, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section
32-6-172
, shall be paid out of the available appropriations of the department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this Code section shall restrict the authority of the department pursuant to Code Section
32-6-170
to pay any or all of the expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 1 - IN GENERAL (§§ 32-6-170 — 32-6-175) › Section 32-6-174 - Promulgation of regulations by department

The department may promulgate reasonable regulations governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any utility in, on, along, over, or under any part of the state highway system or any public road project which the department has undertaken or agreed to undertake or which has been completed by the department pursuant to its authority. In addition to the requirements of such department regulations, it shall be the responsibility of the utility to obtain whatever franchise is required by law.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 1 - IN GENERAL (§§ 32-6-170 — 32-6-175) › Section 32-6-175 - Right to injunctive relief

The department, the county or municipality, or the railroad or utility concerned may petition for an injunction to enforce the performance of any duty or act imposed by this article or for an order to restrain the breach of any duty or the commission of any act imposed or prohibited or unauthorized by this article.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-190 - Duty to maintain grade crossings

Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying between the track or tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or flush with the edge of a paved shoulder, whichever is greater, of such crossing.
Amended by 2002 Ga. Laws 891, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-192 - Construction of underpass or overpass in lieu of grade crossing

When the department, the county, or the municipality having jurisdiction of a public road determines that it is reasonably necessary and in the public interest to use an underpass or overpass instead of a grade crossing at a new or relocated railroad track or tracks or at a new or relocated public road, the procedure to be followed, the division of costs, and the maintenance responsibilities shall be the same as are provided in Code Sections
32-6-194
through
32-6-198
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-193 - Authority of department, counties, and municipalities to eliminate grade crossings

When it is reasonably necessary in the interest of public safety, the department, in respect to the state highway system, a county, in respect to its county road system, or a municipality, in respect to its municipal street system, may authorize and direct the elimination of a grade crossing by construction of an underpass or overpass or by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass, provided that any grade crossing elimination shall be in accordance with this part and that no grade crossing on a county road system or municipal street system shall be eliminated by construction of an underpass or overpass upon order of the county or municipality until and unless the department shall approve the plans and specifications of the proposed construction. No grade crossing on a public road shall be permanently closed except by elimination in accordance with this part.
Amended by 2002 Ga. Laws 891, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-196 - Temporary use of railroad rights of way during construction or maintenance of grade separation structures or grade crossing or protective devices

All railroads shall permit the temporary use, free of cost, of so much of their rights of way as may be necessary during the construction or maintenance of any grade separation structures or any grade crossing or protective devices, provided that, whenever any employees or contractors of the department or of any county or municipality shall enter the right of way of any railroad, they shall be subject to any reasonable rules and regulations such railroad may make for the protection of its traffic, employees, passengers, and operations.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-197 - Responsibility for maintenance of overpasses and underpasses

(a)
It shall be the duty of the department to maintain all overpasses involving railroads on the state highway system.
(b)
It shall be the duty of the county or the municipality to maintain at its own expense the drainage, surface, pavement, approaches, and guardrails of all overpasses involving railroads on its respective public road system. It shall be the duty of the railroad involved to maintain at its own expense any floors constructed of wood and the foundations, piers, abutments, and superstructures of all overpasses on the county or municipal public road system.
(c)
It shall be the duty of the railroad or railroads involved to maintain all underpasses except the lighting, drainage, and pavement of the public roads thereunder, which shall be maintained by the department, counties, or municipalities on their respective public road systems.
(d)
All maintenance required by this Code section of the department shall be at the expense of the department, and all maintenance required by this Code section of the railroad shall be at the expense of such railroad, provided that the duty of maintenance imposed upon the department by this Code section shall not operate to subject the department to liability for damages resulting from any failure to maintain properly.
(e)
Except as provided in subsection (b) of Code Section
32-6-195
, nothing in this article shall be construed as voiding agreements executed prior to July 1, 1973.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-198 - Agreements as to grade crossing elimination

Nothing in this part shall be construed to prevent the department, a county, or a municipality from reaching special agreements with a railroad company providing for grade crossing elimination by means of relocation of either the railroad or public road involved or by other means not expressly provided for in this part and from arranging joint participation in the cost of such elimination in accordance with the procedures in Code Section
32-6-195
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-199 - Improvement of existing underpass or overpass

Whenever an existing underpass or overpass involving railroads is unsafe or inadequate to serve reasonably the traffic for which it was constructed, the department, the county, or the municipality may proceed to bring about improvement of said existing structure. In such event the procedure, division of the costs of construction, and maintenance responsibilities in regard to such improvement shall be as provided in Code Sections
32-6-194
through
32-6-198
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-201 - Regulation of traffic when necessary to perform maintenance

(a)
Whenever it is necessary for the department, a county, or a municipality to perform any maintenance in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such department, county, or municipality by this part, and the regulation and control of railroad traffic is necessary for the performance of such maintenance, it shall be the duty of the railroad or railroads involved, after receiving notice, to assist the department, county, or municipality by providing reasonable regulation and control of railroad traffic, having due regard to the needs of such traffic and to the public welfare.
(b)
Whenever it is necessary for a railroad to perform any maintenance in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such railroad by this part, and the regulation and control of pedestrian and vehicular traffic is necessary for the performance of such maintenance, it shall be the duty of the department, the county, or the municipality, after having received notice, to assist the railroad by providing reasonable regulation and control of pedestrian and vehicular traffic, having due regard to the needs of such traffic and to the public welfare.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 6 - PUBLIC UTILITIES (§§ 32-6-170 — 32-6-203) › Part 2 - RAILROADS (§§ 32-6-190 — 32-6-203) › Section 32-6-203 - Judicial review

Any judgment, decision, or order of the department upon any question involving the advisability or necessity of eliminating any grade crossing, of installing any protective device, of improving any grade crossing structure, or involving any other question concerning the public roads arising under this part shall be subject to judicial review in such manner as is provided by law for judicial review of contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Pending the final determination of any judicial proceedings so instituted, the department, without prejudice to it or the railroad involved and at its own risk, may proceed with the work involved in such litigation, subject to final judgment of the court as to all questions involved in such litigation.
Amended by 2002 Ga. Laws 891, § 6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 7 - [REPEALED] TRANSPORTATION OF HAZARDOUS MATERIALS (§ 32-6-220) › Section 32-6-220 - through 32-6-225 - [Repealed]

Repealed by Ga. L. 1985, p. 469, § 1, effective July 1, 1985, and by Ga. L. 1985, p. 1499, § 1, effective July 1, 1985.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-240 - Definitions

As used in this article, the term:
(1)
"Automobile graveyard" means any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(2)
"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles, or parts thereof; or iron, steel, and other old scrap ferrous or nonferrous material.
(3)
"Junkyard" means any establishment which is maintained or used for storing, buying, or selling junk or for an automobile graveyard; and the term shall include garbage dumps, sanitary fills, and scrap processor establishments.
(4)
"Primary system" or "primary highway" means the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system, but which is on the National Highway System, as officially designated or as may hereafter be so designated by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section 103, United States Code.
(5)
"Scrap processor" means any person, firm, or corporation engaged only in the business of buying scrap iron and metals, including but not limited to old automobiles, for the specific purpose of processing into raw material for remelting purposes only, and whose principal product is ferrous and nonferrous scrap for shipment to steel mills, foundries, smelters, and refineries, and who maintains an established place of business in this state and has facilities and machinery designed for such processing.
Amended by 2005 Ga. Laws 115,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-241 - Restrictions on location of junkyards in relation to location of rights of way of interstate or federal-aid primary highways

The department is responsible for the control of junkyards only on those primary highways that are state roads. For all primary highways it shall be unlawful for any person to establish, operate, or maintain any junkyard, any portion of which is within 1,000 feet of the nearest edge of the right of way of any interstate or federal-aid primary highway, except:
(1)
Those which are screened by natural objects, plantings, fences, or other appropriate means or which are otherwise removed from sight so as not to be visible from the main traveled way of such highway systems;
(2)
Those located within areas which are zoned for industrial use under authority of law;
(3)
Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations promulgated by the commissioner; and
(4)
Those which are not visible from the main traveled way of the systems.
Amended by 2005 Ga. Laws 115,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-242 - Screening junkyards in existence on April 6, 1967

Any junkyard lawfully in existence on April 6, 1967, which is within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of any public road on the interstate or primary system, shall, whenever feasible, be screened by the department if such road is on the state highway system, otherwise by the county or municipal government having jurisdiction, so as not to be visible from such public road. Such junkyards may be screened at locations either on the right of way of such public road or on property acquired by the department for that purpose outside such right of way. Whenever the commissioner determines that it is in the best interest of the state, the department may acquire, pursuant to any of the procedures for property acquisition set forth in Article 1 of Chapter 3 of this title, such property or interests therein outside existing public road rights of way as may be necessary to provide adequate screening of such junkyards.
Amended by 2005 Ga. Laws 115,§ 7, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-243 - Promulgation by department of regulations governing the screening and fencing of junkyards

For any interstate or primary highway on the state highway system, the department may promulgate uniform and reasonable regulations governing the screening or fencing of junkyards, including the materials used in such screening or fencing and the location, construction, and maintenance thereof.
Amended by 2005 Ga. Laws 115,§ 8, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-244 - Authority of commissioner or local officials to acquire land and remove junkyards

(a)
For state roads on the primary system, when the commissioner or, with regard to nonstate roads on the primary system, the principal elected officials of the county or municipality having jurisdiction determines that the topography of the land adjoining such a road will not permit adequate screening of any junkyard lawfully in existence on April 6, 1967, or that such screening would not be economically feasible, the department or the local officials shall have the authority to acquire, pursuant to any of the procedures for property acquisition authorized in Article 1 of Chapter 3 of this title, such interests in lands as may be necessary to secure the relocation, removal, or disposal of such junkyard. The commissioner or the local officials shall determine whether it would be more feasible to relocate, remove, or dispose of the junkyards which cannot be screened, and such determination shall be final and conclusive.
(b)
All junkyards lawfully in existence on April 6, 1967, which do not conform to the requirements of Code Section
32-6-241
and which, in the determination of the commissioner or the principal elected officials of the county or municipality having jurisdiction, cannot be made to conform by screening, shall be required to be removed under this Code section as soon as funds are available for that purpose, provided that the department or the county or municipality having jurisdiction shall not be required to expend any funds for screening or removal under this article unless and until federal-aid matching funds are made available for this purpose.
Amended by 2005 Ga. Laws 115,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-245 - Agreements with United States Secretary of Transportation

The Georgia Department of Transportation is authorized to enter into agreements with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to the interstate system and state routes on the primary systems; and the department may take action in the name of the state to comply with the terms of such agreements.
Amended by 2005 Ga. Laws 115,§ 10, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-246 - Abatement of nuisances

Any junkyard which comes into existence after April 6, 1967, the establishment, operation, or maintenance of which is made unlawful by Code Section
32-6-241
, is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated at the order of the commissioner. The department may then submit by registered or certified mail or statutory overnight delivery a statement of the expenses of such removal, obliteration, or abatement to the person owning or operating such junkyard; and, if payment is not made to the department within 60 days of receipt thereof, the department shall certify the amount for collection to the Attorney General.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-247 - Penalty

(a)
Any person who violates any provision of this article or any lawful regulation promulgated pursuant to this article shall be guilty of a misdemeanor. Each day's presence of the offending junkyard shall be a separate offense.
(b)
State and local law enforcement officers shall assist department employees in enforcing this article or any lawful regulation promulgated pursuant thereto.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 8 - CONTROL OF JUNKYARDS (§§ 32-6-240 — 32-6-248) › Section 32-6-248 - Construction of article

Nothing in this article shall be construed as to abrogate or affect the provisions of any lawful ordinance, regulation, resolution, or other law which are more restrictive than the provisions of this article.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 7 - ABANDONMENT, DISPOSAL, OR LEASING OF PROPERTY NOT NEEDED FOR PUBLIC ROAD PURPOSES (§§ 32-7-1 — 32-7-5) › Section 32-7-1 - Authority of department, counties, and municipalities to substitute for, relocate, or abandon public roads

Whenever deemed in the public interest, the department or a county or a municipality may substitute for, relocate, or abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain the approval of the department if any expenditure of federal or state funds is required.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 7 - ABANDONMENT, DISPOSAL, OR LEASING OF PROPERTY NOT NEEDED FOR PUBLIC ROAD PURPOSES (§§ 32-7-1 — 32-7-5) › Section 32-7-3 - Authority of department, counties, and municipalities to dispose of property no longer needed for public road purposes

Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road purposes and thereafter the department, county, or municipality determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, the department or the county or municipality is authorized to dispose of such property or such interest therein in accordance with Code Section
32-7-4
. Any disposition of property acquired for utility relocation, as provided for in Code Section
32-6-172
, or on which utilities are located shall not be subject to Code Section
32-7-4
; and no provision of this title shall be construed to prevent the department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia, as provided in Article 2 of Chapter 3 of this title.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 8 - RELOCATION ASSISTANCE (§§ 32-8-1 — 32-8-6) › Section 32-8-1 - Relocation assistance in accordance with Uniform Act; real property acquisition

(a)
As used in this chapter, the term "Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. The department, as required by the Uniform Act:
(1)
Shall make or approve payments, in accordance with Section 210 of the Uniform Act, for relocation expenses and replacement housing expenses and shall provide relocation assistance advisory services outlined in Section 205 of the Uniform Act; and
(2)
Shall make or approve payments, in accordance with Section 305(2) of the Uniform Act, to any person, family, business, farm operation, or nonprofit organization whose real property has been acquired by the department or is subject to a condemnation proceeding brought by the department for any federal-aid project in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the department:
(A)
For expenses incident to the transfer of real property acquired by the department, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by the department;
(B)
For litigation expenses actually incurred by the condemnee in any condemnation proceeding brought by the department if the final judgment is that the department cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the department; or
(C)
For litigation expenses incurred by the plaintiff in any inverse condemnation proceeding brought against the department in which judgment is rendered in favor of the plaintiff.
(b)
In acquiring real property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to the department, the department shall be guided to the greatest extent practicable under state law by the land acquisition policies in Section 301 of the Uniform Act and the provisions of Section 302 of the Uniform Act.
(c)
Nothing contained in this Code section shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of value or of damage.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 8 - RELOCATION ASSISTANCE (§§ 32-8-1 — 32-8-6) › Section 32-8-2 - Last resort replacement housing for persons displaced by federal-aid projects

The department shall have the authority, as a last resort, to provide replacement housing when a federal-aid project financed in whole or in part with federal aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of such property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section
32-7-4
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 8 - RELOCATION ASSISTANCE (§§ 32-8-1 — 32-8-6) › Section 32-8-4 - Persons displaced by state-aid projects on the state highway system

The department is authorized to make or approve payments for all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses as provided for in subparagraphs (a)(2)(A), (a)(2)(B), and (a)(2)(C) of Code Section
32-8-1
of any individual, family, business, farm operation, or nonprofit organization displaced by a state-aid highway project on the state highway system, the cost of which is now or hereafter financed in whole or in part from state funds. The department shall be guided by the policies, provisions, and limitations of the Uniform Act. The department shall not implement any relocation assistance on any state-aid projects on the state highway system without the prior concurrence of the board.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 8 - RELOCATION ASSISTANCE (§§ 32-8-1 — 32-8-6) › Section 32-8-5 - Last resort replacement housing for persons displaced by state-aid projects on the state highway system

The department shall have the authority, as a last resort, to provide replacement housing when a state-aid project on the state highway system cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of relocating or constructing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section
32-7-4
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 8 - RELOCATION ASSISTANCE (§§ 32-8-1 — 32-8-6) › Section 32-8-6 - Construction of chapter; power of department to take action necessary to secure benefit of federal-aid programs

(a)
Nothing in this chapter is intended to conflict with any federal law, and in case of such conflict such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict.
(b)
The department is authorized to take the necessary steps to secure the full benefit of any federal-aid program and to meet any contingencies not provided for in this chapter, abiding at all times by a fundamental purpose to plan, construct, reconstruct, and maintain, as economically as possible, the public roads and other major transportation facilities of Georgia which will best promote the interest, welfare, and progress of the citizens of Georgia.