reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 1 - GENERAL PROVISIONS (§§ 32-3-1 — 32-3-20) › Section 32-3-16 - Appeal to jury; evidence to be heard on appeal; subsequent review of issues not brought before jury

(a)
After the notice of appeal has been filed as provided in Code Section
32-3-14
, it shall be the duty of the court at the next term thereof, which shall convene not earlier than 30 days subsequent to the date of service, as provided for in Code Sections
32-3-8
and
32-3-9
, to cause an issue to be made and tried by a jury as to the value of the property or interest taken and the consequential damages to property or interests not taken, with the same right to move for a new trial and file a notice of appeal as in other cases at law, provided that an interlocutory award has not become final pursuant to Code Section
32-3-15
.
(b)
When an appeal has been filed pursuant to Code Section
32-3-14
, all subsequent proceedings thereon shall have the nature of a de novo investigation with the right of either party, under the rules of evidence as provided for in the general laws of this state, to introduce evidence concerning:
(1)
The fair market value of the property or interest taken or other evidence of just and adequate compensation;
(2)
The prospective and consequential damages to the remaining property or interests by reason of the taking and use of the property or interest for the purposes for which taken; and
(3)
The consequential benefits accruing to such remaining property or interests by reason of such taking and use,
provided that such consequential benefits, if any, may be offset against such consequential damages, if any; but, in no event, shall consequential benefits be offset against the value of the property or interest actually taken.
(c)
If, for any reason, the issues made by the filing of the notice of appeal provided for in this Code section are not tried by a jury as to the value of the property or interest taken and the consequential damages to the property or interests not taken, at the next term of the court after the filing of such appeal, such fact shall not be cause for dismissal of the appeal and the issues made by such appeal shall be subject to trial at any future term of the court.
Amended by 2024 Ga. Laws 424,§ 7, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-19, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 1 - GENERAL PROVISIONS (§§ 32-3-1 — 32-3-20) › Section 32-3-17 - Right to intervene in proceedings; effect of subsequent proceedings on rights of condemnor

(a)
No provision of this article in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interests or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, desires to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so.
(b)
After the filing of the declaration of taking and the payment of the fund into the registry of the court as provided for in Code Section
32-3-7
, the petitioner shall not be concerned with or affected by any subsequent proceedings except as to the appeal and interlocutory petition provided for in Code Sections
32-3-14
and
32-3-15
respectively and concerning which the sole issue shall be as to the amount of just and adequate compensation.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 1 - GENERAL PROVISIONS (§§ 32-3-1 — 32-3-20) › Section 32-3-17.1 - Decisions upon questions of law; power of judge to give necessary orders and directions; jury trial in open court only

All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of a notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.
Amended by 2024 Ga. Laws 424,§ 8, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-20, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 1 - GENERAL PROVISIONS (§§ 32-3-1 — 32-3-20) › Section 32-3-18 - Prevention or delay of vesting of title in condemnor

No appeal in any cause under this article and no bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor, subject, however, to the power of the court as provided in Code Section
32-3-20
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 1 - GENERAL PROVISIONS (§§ 32-3-1 — 32-3-20) › Section 32-3-20 - Effect of article on other methods of condemnation

In cases involving condemnation of private property for public road purposes or any other public transportation purpose, this article shall be supplementary to and cumulative of the methods of procedure for condemnation of private property prescribed in Chapter 2 of Title 22.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-30 - Power of department to acquire rights of way and easements

The department shall have the authority and is empowered to acquire, either by condemnation, purchase, gift, or other methods, rights of way and easements necessary to comply with the laws, rules, and regulations of the United States government for the construction of federal parkways in Georgia.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-31 - Method of acquisition

The authority delegated by this article to the department to acquire rights of way and easements for federal parkways shall be the same authority as hereinbefore provided by law for the acquisition of rights of way for present or future public road or other transportation purposes in Georgia; and the department shall exercise such authority in the same manner and under the same Code sections which provide for the construction of state-aid roads in this state.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-32 - Acquisition of fee simple title; designation on official county map

The rights of way acquired by the department may, at the option of the department, be a fee simple title; and the nature and extent of the rights of way and easements so acquired shall be designated upon an official county map showing the location of the rights of way across each county in this state.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-33 - Inclusion of scenic easements in rights of way

The department may acquire scenic easements; and these may be included as part of the rights of way to be acquired by the department for federal parkways in those cases mutually acceptable to the department and the United States government or its appropriate agency.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-34 - Amount of land to be acquired for rights of way

(a)
The lands and interest in lands to be acquired in fee simple for federal parkway rights of way shall average not more than 125 acres per mile plus not more than 25 acres per mile in scenic easements; and in no case shall the width of the fee simple rights of way for federal parkway land be less than 300 feet. It is the intent of this Code section that in using the acreage per mile method there will be permitted the balancing of the total acreage over the entire length of the federal parkway project within the state and that such usage will provide for flexibility to narrow or widen the fee simple lands acquired for federal parkways to meet specific conditions.
(b)
The variance of the width of the lands to be acquired by the department for federal parkways is to be dependent upon topographical conditions; requirements of federal parkway design; acquisition of acreage adjacent to the federal parkway at designated locations of scenic, historic, or recreational value or significance; simplicity and ease of rights of way acquisition; cost of rights of way acquisition; and other conditions considered by the department to be controlling; but in no case shall the width of the fee simple rights of way to be acquired for federal parkways be less than the 300 feet provided for in this Code section.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-35 - Access for private roads

The acquisition of rights of way by the department for federal parkways shall permit no reservations or interests of access for private roads connecting to or crossing the federal parkways; and the department shall acquire, as part of the rights of way for federal parkways, the rights and interests of access for private roads.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-36 - Conveyance of title to rights of way to United States government or its appropriate agency

The department is authorized and empowered to convey such title or interest as is acquired for federal parkway rights of way to the United States government or its appropriate agency, free and clear of all claims for compensation.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-37 - Use of property before final condemnation; enforcement of Code section

(a)
When areas of land or interests in land have been tentatively designated by the United States government to be included within federal parkways but the final survey and plans necessary for the construction of federal parkways as provided by law have not yet been made, no person shall cut or remove any timber from such areas as so designated pending the completion and finalization of such survey and plans after receiving notice from the department that such area is under investigation. Any property owner who suffers loss or damage by reason of the restraint upon his right to use the timber upon his land pending such investigation and the finalization of survey and plans for the construction of federal parkways shall be entitled to recover compensation from the department for the temporary appropriation of his property and for any damage to his property caused by such temporary appropriation, in the event the same is not finally included within the area designated as a federal parkway.
(b)
The provisions of this Code section may be enforced under the same law now applicable for the adjustment and payment of compensation in the acquisition of rights of way for present or future public road or other transportation purposes.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 3 - ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES (§§ 32-3-1 — 32-3-39) › Article 2 - ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS (§§ 32-3-30 — 32-3-39) › Section 32-3-39 - Concurrent jurisdiction conceded to United States government; taxing power of state reserved

The State of Georgia, by this article, does concede concurrent jurisdiction to the United States government or its appropriate agency for rights of way and the lands or interest in lands conveyed to the United States government for federal parkway purposes under this article. However, the State of Georgia expressly reserves the taxing power as applied to all persons, property, or operations within the federal parkway rights of way except as applied to the property of and the operations of the United States government and its agencies.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 1 - GENERAL PROVISIONS (§§ 32-4-1 — 32-4-4) › Section 32-4-1 - Classification of public roads

For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this Code section:
(1)
State highway system.
The state highway system shall consist of those public roads which on July 1, 1973, are shown by the records of the department to be "state-aid roads," those public roads thereafter designated by the department as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;
(2)
County road systems.
Each county road system shall consist of those public roads within that county, including county roads extending into any municipality within the county, which are shown to be part of that county road system by the department records on July 1, 1973, and any subsequent additions to such county road system made by the county;
(3)
Municipal street systems.
Each municipal street system shall consist of those public roads within the limits of that municipality which are not in any other classification under this Code section.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 1 - GENERAL PROVISIONS (§§ 32-4-1 — 32-4-4) › Section 32-4-3 - Naming state roads, bridges, or interchanges

No state agency shall name or rename any state road, bridge, interchange, or any part of a road in honor of, or with the name of, any person unless such action is approved by a joint resolution or Act of the General Assembly which is approved by the Governor or becomes law without such approval. This Code section shall not apply to a political subdivision of the state naming any road which is under the jurisdiction of such political subdivision.
Added by 2002 Ga. Laws 462, § 32, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 1 - GENERAL PROVISIONS (§§ 32-4-1 — 32-4-4) › Section 32-4-4 - Abandonment of utility facilities containing asbestos pipe

(a)
As used in this Code section, the term "entity" means a county, a municipality, a consolidated government, or a local authority.
(b)
Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such facility exists in the public rights of way of any highway, road, or street authorized pursuant to this title, and the entity determines that such facility should no longer be utilized, the entity that owns and operates the utility facility shall file a notice of abandonment with the department if the facility is located upon the public rights of way under the authority of the department. Upon abandonment, the entity shall have the discretion to:
(1)
Remove and dispose of the asbestos pipe in accordance with federal laws and regulations;
(2)
Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or
(3)
Allow the pipe to remain undisturbed in the ground and take no further action.
(c)
At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.
(d)
The entity shall not relinquish the ownership of said facility as stated in subsection (h) of Code Section
25-9-7
and Code Section
32-6-174
. The facility shall be deemed abandoned and out of service.
Amended by 2011 Ga. Laws 192,§ 5, eff. 7/1/2011.
Added by 2009 Ga. Laws 73,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 2 - STATE HIGHWAY SYSTEM (§§ 32-4-20 — 32-4-24) › Section 32-4-20 - Composition of state highway system

The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements:
(1)
Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance;
(2)
Connects adjoining county seats;
(3)
Connects urban or regional areas with outlying areas, both intrastate and interstate; or
(4)
Serves as part of the principal collector network for the state-wide and interstate arterial public road system.
Amended by 2015 Ga. Laws 184,§ 1, eff. 7/1/2015.
Amended by 2012 Ga. Laws 773,§ 5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 2 - STATE HIGHWAY SYSTEM (§§ 32-4-20 — 32-4-24) › Section 32-4-21 - Designation of roads as part of state highway system

Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, the board, by resolution, or the commissioner, by written notice to the board, may designate such road to be a part of the state highway system. If the road proposed to be designated is a part of either a county road system or a municipal street system, the department shall give written notice to the county or municipality of the effective date that such road shall become part of the state highway system. Any change on the state highway system by designation shall be recorded on the official map and in the written records of the state highway system, as provided for in subsections (a) and (b) of Code Section
32-4-2
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 2 - STATE HIGHWAY SYSTEM (§§ 32-4-20 — 32-4-24) › Section 32-4-22 - Creation of Developmental Highway System

(a)
There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):
(1)
Appalachian;
(2)
The South Georgia Parkway;
(3)
U.S. 27;
(4)
U.S. 82;
(5)
Golden Isles;
(6)
Savannah River;
(7)
U.S. 441;
(8)
Fall Line;
(9)
U.S. 319;
(10)
U.S. 19;
(11)
U.S. 84;
(12)
U.S. 1/SR 17;
(13)
SR 72;
(14)
Northern Arc further identified as the North Georgia Connector between the U.S. Highway 411 and U.S. Highway 41 interchange in Bartow County to State Highway 316 in Gwinnett County;
(15)
East-west Highway from I-59 North to I-85 North;
(16)
Truck access routes, including without limitation:
(A)
SR 133 from Albany to Valdosta;
(B)
SR 40 from Folkston to St. Marys; and
(C)
SR 125 from Fitzgerald to I-75;
(17)
SR 32;
(18)
Power Alley, U.S. 280 from Columbus to Savannah;
(19)
SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County; and
(20)
SR 15 from its intersection with US 441/SR 24 at Watkinsville to its intersection with US 1 in Toombs County.
Without limiting the foregoing, said system is further identified as including those roads and corridors referred to as "the Governor's Road Improvement Program" in that resolution adopted by the State Transportation Board dated November 17, 1988.
(b)
The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board to make such variances therein as shall be dictated by sound engineering and construction practices.
(c)
The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Authority is authorized to construct all or any part of such system and to enter into agreements with the department, pursuant to Code Section
32-2-61
, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section
32-10-90.1
shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation.
Amended by 2005 Ga. Laws 64,§ 1, eff. 4/29/2005.
Amended by 2001 Ga. Laws 372, § 1, eff. 7/1/2001.
Amended by 2001 Ga. Laws 389, § 1-3, eff. 4/30/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 2 - STATE HIGHWAY SYSTEM (§§ 32-4-20 — 32-4-24) › Section 32-4-24 - Alternative tourism routes; welcome centers authorized

(a)
The board shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall not be eligible for designation as an alternative tourism route. The initial alternative tourism routes shall be U.S. Highway 27 and U.S. Highway 441.
(b)
The board shall consult with the Department of Economic Development, county governing authorities, and historical sites and tourist attractions located in this state in the selection of additional alternative tourism routes. The Department of Economic Development shall promote such routes and sites and attractions along such routes to the motoring public.
(c)
Subject to the appropriation process, the department may within five years of the designation of an alternative tourism route construct within 20 miles of the state line on each end of such route a welcome center. Subject to the appropriation process, if the department decides to construct such a center, it shall negotiate and contract with the local governing authorities where the welcome center is located for the maintenance and operation of such center.
Added by 2007 Ga. Laws 204,§ 1, eff. 5/23/2007.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 1 - GENERAL POWERS AND DUTIES OF COUNTIES (§§ 32-4-40 — 32-4-42) › Section 32-4-40 - Designation of roads as part of county road system; designation of system on maps and written records of county

Each county shall, by resolution, designate roads to be a part of its county road system; and such resolutions shall be recorded in the minutes of the county. All such roads shall be laid out on the shortest and best route to their intended destination and with as little injury to private property as possible. When a road has been designated as a part of a county road system, this change shall be recorded on the official map of the county road system, as provided for in subsection (a) of Code Section
32-4-2
, and in the written record of the county road system, as provided for in subsection (b) of Code Section
32-4-2
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-60 - "Contract" defined

As used in this part, the term "contract" means a contract or subcontract entered into by a county with any person, with the state or federal government or an agency of either, with another county or counties, with a municipality or municipalities, or with any combination of the foregoing entities for the construction, reconstruction, or maintenance of all or part of a public road, including but not limited to a contract for the purchase of materials, for the hiring of labor, for professional services, or for other things or services incident to such work.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-61 - Authority of county to contract; form of contracts; approval of contracts by resolution

A county shall have the authority to contract as set forth in this part and in paragraph (1) of Code Section
32-4-42
. Any contract for work on all or part of the county road system shall be in writing and shall be approved by resolution which shall be entered on the minutes of such county.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-62 - Contracts with state, state agencies, adjoining counties, and incorporated municipalities of county

(a)
Subject to the limitations of this Code section, in addition to the authority to contract with a private contractor, a county may enter into a contract with the state, a state agency, another county or municipality, or with any combination or number of the foregoing entities for work on any public road system of Georgia.
(b)
Such a contract with a state agency is subject to the limitations of Code Section
32-2-61
, including the cost of the negotiated contract, and the right of the department to supervise performance of the contract.
(c)
A county shall have authority to enter into a contract with adjoining counties for the joint work on a road constituting a part of the county road system of those counties which are parties to such contract.
(d)
A county shall have the authority provided in subsection (b) of Code Section
32-4-112
to contract with a municipality and expend funds for work on public roads within a municipality in the county.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-63 - Limitations on power to contract; at least two estimates required for certain expenditures

(a)
A county is prohibited from negotiating a contract except a contract:
(1)
Involving the expenditure of less than $200,000.00;
(2)
With a state agency or county or municipality with which a county is authorized to contract in accordance with the provisions of Code Sections
32-4-61
and
32-4-62
;
(3)
For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Chapter 91 of Title 36;
(4)
Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or a publicly or privately owned utility concerning relocation of its line, tracks, or facilities where the same are not then located in a public road and such relocation or grade-crossing elimination is necessary as an incident to the construction of a new public road or to the reconstruction or maintenance of an existing public road. Nothing contained in this paragraph shall be construed as requiring a county to furnish a site or right of way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road;
(5)
For engineering or other kinds of professional or specialized services;
(6)
For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions;
(7)
Otherwise expressly authorized by law; or
(8)
That is a design-build contract as provided for in Code Section
32-4-74
.
(b)
No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates.
Amended by 2022 Ga. Laws 851,§ 1, eff. 7/1/2022.
Amended by 2014 Ga. Laws 665,§ 3, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-64 - Required letting of contracts by public bid

Except as authorized by Code Section
32-4-63
, all contracts shall be let by public bid.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-65 - Advertising for bids

(a)
Notwithstanding any provision of Chapter 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff's sales are advertised or in such other newspapers or publications, or both, as will ensure adequate publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion.
(b)
Such advertisement shall include but not be limited to the following:
(1)
A description sufficient to enable the public to know the approximate extent and character of the work to be done;
(2)
The time allowed for performance;
(3)
The terms and time of payment;
(4)
Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
(5)
The amount of the proposal guaranty, if one is required;
(6)
The time and place for submission and opening of bids;
(7)
The right of the county to reject any one or all bids; and
(8)
Such further notice as the county may deem advisable as in the public interest.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-66 - Payment by bidder to cover costs

A county may require each bidder to pay a reasonable sum sufficient to cover the cost to the county, where applicable, of the bid proposal form, the contract, and its specifications.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-67 - Proposal guaranty by bidder

(a)
No bid, other than a bid solely for engineering or other kinds of professional services, will be considered by a county unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the county for an amount deemed by the county in the public interest necessary to ensure that the successful bidder will execute the contract on which he bid.
(b)
A proposal guaranty will be returned to a bidder upon receipt by the county of the bidder's written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by a county of the lowest reliable bidder, the county will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the county and the successful bidder agree in writing to a longer period of time.
Amended by 2007 Ga. Laws 55,§ 3, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-68 - Award of contract to lowest reliable bidder; procedure upon rejection of bids

Where a contract has been let for bid, the county, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder, provided that the county shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-69 - Bonds of successful bidder generally

Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid, other than a contract solely for engineering or other kinds of professional services, is $5,000.00 or more, no contract of a county shall be valid unless the contractor first gives:
(1)
A performance bond that meets the requirements established in Parts 1 and 3 of Article 3 of Chapter 91 of Title 36 in the amount of the bid, with one good and solvent surety, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time;
(2)
A payment bond that meets the requirements established in Parts 1 and 4 of Article 3 of Chapter 91 of Title 36; and
(3)
Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds.
Amended by 2007 Ga. Laws 55,§ 4, eff. 7/1/2007.
Amended by 2001 Ga. Laws 261, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-70 - Bridge repair bonds

(a)
As used in this Code section, the term "bridge" shall include the approaches to such bridge within 50 feet of either end except when the bridge itself measures 100 feet or more, in which case the term "bridge" shall include the approaches within 100 feet of either end of the bridge.
(b)
Where the contract relates to the construction or reconstruction of all or a part of a bridge, the county or counties affected may require the successful contractor to add to the conditions of the performance bond required under paragraph (1) of Code Section
32-4-69
the following condition: to keep the bridge in good condition for a period of not less than seven years.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-71 - Failure to take bonds; liability of county

(a)
If the payment bond required by paragraph (2) of Code Section
32-4-69
is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.
(b)
If the condition of bridge repair authorized by Code Section
32-4-70
to be added to the performance bond is not taken, the contracting county or counties shall be primarily liable for all injuries caused by reason of any defective bridge for damages occurring within seven years of the contractor's work on the bridge and its acceptance by the county or counties, provided that the county shall be discharged from all liability upon the inclusion in the performance bond of the aforesaid bridge repair condition.
(c)
Nothing in this Code section shall be construed so as to impose personal liability on the county governing authority.
Amended by 2001 Ga. Laws 261, § 5, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-72 - Failure of successful bidder to sign contract or furnish bonds

If the successful bidder fails to sign the contract or furnish the bonds required under authority of Code Section
32-4-71
, his proposal guaranty, if one had been required by the county, will become the property of the county as liquidated damages. The contract then may be readvertised, performed with county forces, or the project abandoned.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-73 - Oath by successful bidder

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section
36-91-21
, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding.
Amended by 2001 Ga. Laws 261, § 6, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-75 - Applicability of other laws to this part

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part.
Renumbered from §
32-4-74
by 2022 Ga. Laws 851,§ 2, eff. 7/1/2022.
Amended by 2001 Ga. Laws 2, § 32, eff. 2/12/2001.
Amended by 2001 Ga. Laws 261, § 7, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 1 - GENERAL POWERS AND DUTIES OF MUNICIPALITY (§§ 32-4-90 — 32-4-94) › Section 32-4-90 - Acquisition of rights of way

Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a municipality shall be made in compliance with subsection (e) of Code Section
32-3-3
and Code Section
32-5-25
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 1 - GENERAL POWERS AND DUTIES OF MUNICIPALITY (§§ 32-4-90 — 32-4-94) › Section 32-4-91 - Construction and maintenance of systems; acquisition of labor; maximum bridge weight; notification of department about new streets and abandoned streets

(a)
A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by contract as authorized in paragraph (1) of subsection (a) of Code Section
32-4-92
, or otherwise as permitted by law.
(a.1)
A municipality shall post on each bridge on the municipal street system and on each approach thereto on the municipal street a sign containing a legible notice showing the maximum safe weight limit for such bridge, each such sign to conform to the department regulations promulgated under authority of Code Section
32-6-50
.
(b)
A municipality shall notify the department within three months after a municipal street is added to the municipal street system and shall further notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by an appropriate digital file, map, or plat depicting the location of the new or abandoned street.
Amended by 2011 Ga. Laws 192,§ 7, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 1 - GENERAL POWERS AND DUTIES OF MUNICIPALITY (§§ 32-4-90 — 32-4-94) › Section 32-4-93 - Liability of municipalities for defects in public roads

(a)
A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.
(b)
A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 1 - GENERAL POWERS AND DUTIES OF MUNICIPALITY (§§ 32-4-90 — 32-4-94) › Section 32-4-94 - Standards for construction of curb ramps

(a)
The standard for construction of curbs on each side of any municipal street or of any connecting street or road for which curbs have been prescribed by the governing body of the municipal corporation having jurisdiction thereover shall be not less than one ramp per lineal block giving on the crosswalks at intersections. Such ramps shall be at least 40 inches wide and shall be so constructed as to allow reasonable access to the crosswalk for physically disabled persons.
(b)
Standards set for curb ramping under subsection (a) of this Code section shall not apply to any curb existing on July 1, 1974, but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk; provided, however, that the standards set for curb ramping under subsection (a) of this Code section shall apply to curbs on each side of the street circling the state capitol; provided, further, that the standard for construction of curbs on each side of the street circling the state capitol shall be not less than two ramps per lineal block giving on the crosswalks at intersections.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-110 - "Contract" defined

As used in this part, the term "contract" means a contract or subcontract entered into by a municipality with any person, the state or federal government or an agency of either, with another municipality or municipalities, with a county or counties, or with any combination of any of the foregoing entities, for the construction, reconstruction, or maintenance of all or part of a public road in said municipality, including but not limited to a contract or subcontract for the purchase of materials, for the hiring of labor, for professional services, or for other things or services incident to such work.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-111 - Authority of municipality to contract; form of contracts; approval of contracts by resolution

A municipality shall have the authority to contract as set forth in this part and in Part 1 of this article. Any contract for work on all or part of the municipal road system shall be in writing and be approved by resolution which shall be entered on the minutes of such municipality.