reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 3 - OFFICERS (§§ 32-2-40 — 32-2-43) › Section 32-2-43 - Director of planning; appointment; responsibilities

(a)
There shall be a director of planning appointed by the Governor subject to approval by a majority vote of both the House Transportation Committee and the Senate Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. If the Governor's term expires and the incoming Governor has not made an appointment, the current director of planning may serve until a replacement is appointed by the incoming Governor and confirmed by the House and Senate Transportation Committees.
(b)
The director of planning's principal responsibility shall be the development of transportation plans, including the development of the state-wide strategic transportation plan, state-wide transportation improvement program, state-wide freight and logistics implementation plan, and other comprehensive plans pursuant to the provisions of Code Section
32-2-3
and Code Section
32-2-22
, strategic transportation plans pursuant to the provisions of Code Section
32-2-41.1
, and benchmarks and value engineering studies pursuant to the provisions of Code Section
32-2-41.2
, in consultation with the board, the Governor, and the commissioner. The director shall also be responsible for the duties and activities assigned to the director in Article 5 of Chapter 8 of Title 48. The director shall be the director of the Planning Division of the department and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in such division by law and are necessary or appropriate for such purpose, except those duties, powers, and authority which are expressly reserved by law to the board or the commissioner.
Amended by 2024 Ga. Laws 579,§ 4, eff. 7/1/2024.
Amended by 2011 Ga. Laws 192,§ 3, eff. 7/1/2011.
Amended by 2010 Ga. Laws 554,§ 2, eff. 6/2/2010.
Added by 2009 Ga. Laws 340,§ 9, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-62 - Advertising of nonnegotiated construction contracts; approval of negotiated construction contracts; factors to be considered by board for priority of projects

The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board. When the board is not in session, the commissioner may approve negotiated construction contracts. In determining public roads most in need of work and also the type, class, width, location, and order of priority of each project, the board shall take into consideration such factors as the use of the public road in question; the present need and anticipated development of the area traversed by it; whether or not it is a school bus or mail route; and its use for agricultural or industrial purposes. The board shall also take into consideration the information disclosed by the records required by Code Section
32-4-2
to be maintained by the department.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-63 - Authority of commissioner to execute contracts and authority lease agreements

The commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the department whenever such contracts or agreements have been approved in accordance with this title.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-64 - Required letting of contracts by public bid; posting bid on department website sufficient

Except as authorized by subsection (d) of Code Section
32-2-61
, all department construction and maintenance contracts shall be let by public bid. For purposes of this Code section, posting a bid on the department's website shall satisfy the public bid requirement.
Amended by 2012 Ga. Laws 773,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-65 - Advertising for bids

(a)
On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the publication of the first insertion; provided, however, that the advertisement requirement provided in this Code section shall be satisfied by posting the required information on the department's website for the required time period.
(b)
Such advertisement shall include but not be limited to the following items:
(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, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the issuance of the chief engineer's certification of satisfactory completion of work and acceptance thereof, as provided in Code Sections
32-2-75
through
32-2-77
;
(4)
Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
(5)
The amount of the required proposal guaranty, if one is required;
(6)
The time and place for submission and opening of bids;
(7)
The right of the department to reject any one or all bids; and
(8)
Such further notice as the department may deem advisable as in the public interest.
Amended by 2021 Ga. Laws 241,§ 2, eff. 7/1/2021.
Amended by 2018 Ga. Laws 407,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-66 - Prequalifications of contractors and subcontractors

In order to establish a list of reliable persons qualified to bid on a department contract or to subcontract with such persons and to ensure that the contract may be awarded to the lowest reliable bidder, the department may adopt and publish in print or electronically uniform and reasonable rules and regulations which may include but not be limited to the following:
(1)
A requirement that every contractor desiring to be qualified to bid or subcontract file with the department an application including, among other information: a financial statement; a complete questionnaire regarding the contractor's organization and the work performed by such contractor; and a statement of equipment owned or leased by such contractor;
(2)
Conditions under which a contractor or subcontractor may become disqualified to bid or to subcontract;
(3)
Procedures for assigning maximum capacity ratings to contractors and subcontractors; and
(4)
Provisions for waiving prequalification of contractors for construction of specialty items. For the purpose of this paragraph, "specialty items" means work that requires highly specialized knowledge, craftsmanship, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-67 - Payment by bidder to cover costs

A bidder shall be required to pay to the department a reasonable sum sufficient to cover the cost to the department of copies of the bid proposal form of the department, the standard specifications of the department, and the plans of the contract if such plans are required because the particular contract calls for construction.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-68 - Proposal guaranty by bidder

(a)
No bid for capital construction or capital maintenance will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessary to ensure that the successful bidder will execute the contract bid upon.
(b)
A proposal guaranty will be returned to a bidder upon receipt by the department 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 the department of the lowest reliable bidder, the department 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 department and the successful bidder agree in writing to a longer period of time.
Amended by 2021 Ga. Laws 241,§ 3, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-69 - Bidding process and award of contract

(a)
Except as authorized by Code Sections
32-2-79
,
32-2-80
, and
32-2-82
, the department shall award contracts to the lowest reliable bidder, provided that the department 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, the department may readvertise, perform the work itself, or abandon the project.
(b)
If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's cost estimate for the project as certified by the chief engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is disclosed to the bidder prior to the beginning of the negotiations. For purposes of this Code section, posting of a bid on the department's website shall be equivalent to having read the bid.
(c)
If the department made errors in the bidding documents which resulted in an unbalanced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed.
(d)
If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project.
(e)
The signed, notarized affidavit required in subsection (b) of Code Section
13-10-91
shall be submitted to the department prior to the award of any contract.
(f)
The department shall provide by rule and regulation for a procedure to appeal the rejection of any bid for contracts the department is authorized to enter into under this Code section.
Amended by 2021 Ga. Laws 241,§ 4, eff. 7/1/2021.
Amended by 2021 Ga. Laws 224,§ 2, eff. 7/1/2021.
Amended by 2020 Ga. Laws 507,§ 2, eff. 7/29/2020.
Amended by 2018 Ga. Laws 407,§ 3, eff. 7/1/2018.
Amended by 2012 Ga. Laws 773,§ 3, eff. 7/1/2012.
Amended by 2003 Ga. Laws 394, § 3, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-70 - Bonds of successful bidder

(a)
Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives:
(1)
The performance and payment bonds in accordance with Chapter 10 of Title 13; and
(2)
Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies.
(b)
Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this Code section so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section
33-24-14
.
Amended by 2021 Ga. Laws 215,§ 2-1, eff. 5/4/2021.
Amended by 2007 Ga. Laws 55,§ 2, eff. 7/1/2007.
Amended by 2001 Ga. Laws 261, § 2, eff. 7/1/2001.
Amended by 2001 Ga. Laws 2, § 32, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-71 - Failure of successful bidder to sign contract or furnish bonds

If the successful bidder fails to sign the contract or furnish the bonds or policies required by Code Section
32-2-70
, the proposal guaranty will become the property of the department as liquidated damages. The contract then may be readvertised or the project may be abandoned.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-72 - 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, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-73 - Supplemental and extension agreements

The department shall be authorized to execute supplemental agreements to the original contract covering changes or revised or new unit prices and items and supplementing the original contract not to exceed a 20 percent increase in cost of the project and to execute extension agreements affecting the length of the project which may be increased by adding sections to said project or by relocation of said project not to exceed 20 percent of the total length of the project or 20 percent of total contract cost.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-74 - Effect of federal laws on Code Sections 32-2-60 through 32-2-73; power of department to secure benefits of federal-aid program

(a)
Nothing in Code Sections
32-2-60
through
32-2-73
is intended to conflict with any federal law; and, in case of such conflict, such portion of those Code sections 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 the federal-aid program and to meet any contingencies not provided for in Code Sections
32-2-60
through
32-2-73
, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible those public roads of Georgia which, under the terms of Code Sections
32-2-60
through
32-2-73
, are most in need of such construction or work in such a manner as will best promote the interest, welfare, and progress of the citizens of Georgia.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-75 - Contract clauses for retainage of amounts constituting a percentage of gross value of completed work; time of final payment of retained amounts to contractor

(a)
As used in this Code section and Code Sections
32-2-76
and
32-2-77
, the term:
(1)
"Engineer" means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Authority.
(2)
"Escrow account" means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow.
(3)
"State" means the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority.
(4)
"Treasurer" means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Road and Tollway Authority.
(b)
The state is authorized to insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract.
(c)
Final payment of the retained amounts to the contractor under the contract to which the retained amount relates will be made after certification by the engineer that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications.
Amended by 2001 Ga. Laws 389, § 2-1, eff. 4/30/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-77 - Liability of treasurer of the department or other appropriate authority and state to contractor or surety

Neither the treasurer of the department or the appropriate authority nor the state shall be liable to the contractor or his surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the escrow account.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-78 - Definitions

As used in this part, the term:
(1)
"Alternative contracting method" means a method of contracting authorized by Code Section
32-2-82
.
(2)
"Construction manager/general contractor" means a person the department has selected to perform project delivery pursuant to Code Section
32-2-82
.
(3)
"Participating local governing authority" includes the governing authority of any county or municipality whose geographical jurisdiction includes the project.
(4)
"Project" means an undertaking, including intermodal rail-related and multimodal transportation solutions, which the department deems appropriate for pursuing or letting based upon the authority granted in this part.
Amended by 2021 Ga. Laws 241,§ 5, eff. 7/1/2021.
Amended by 2021 Ga. Laws 224,§ 3, eff. 7/1/2021.
Amended by 2009 Ga. Laws 340,§ 10, eff. 5/11/2009.
Amended by 2005 Ga. Laws 214,§ 1, eff. 5/2/2005.
Added by 2003 Ga. Laws 394, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 4 - EXERCISE OF POWER TO CONTRACT GENERALLY (§§ 32-2-60 — 32-2-82) › Section 32-2-79 - Biennial reporting of potential undertakings best suited for public-private partnership

At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section
32-2-80
and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, or reduction of public expenditures due to improved transportation efficiency or infrastructure preservation as aligned with the state-wide strategic transportation plan as defined in Code Section
32-2-41.1
.
Amended by 2021 Ga. Laws 241,§ 5, eff. 7/1/2021.
Amended by 2021 Ga. Laws 224,§ 3, eff. 7/1/2021.
Amended by 2009 Ga. Laws 340,§ 10, eff. 5/11/2009.
Amended by 2006 Ga. Laws 453,§ 32, eff. 4/14/2006.
Amended by 2005 Ga. Laws 214,§ 2, eff. 5/2/2005.
Added by 2003 Ga. Laws 394, § 2, eff. 7/1/2003.
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 32-3-1 - Authority to acquire property for present or future public road or other transportation purposes

(a)
Any property may be acquired in fee simple or in any lesser interest, including scenic easements, airspace, and rights of access, by a state agency or a county or municipality through gift, devise, exchange, purchase, prescription, dedication, eminent domain, or any other manner provided by law for present or future public road or other transportation purposes.
(b)
Public road purposes shall include rights of way; detours; bridges; bridge approaches; ferries; ferry landings; overpasses; underpasses; viaducts; tunnels; fringe parking facilities; borrow pits; offices; shops; depots; storage yards; buildings and other necessary physical facilities of all types; roadside parks and recreational areas; the growth of trees and shrubbery along rights of way; scenic easements; construction for drainage, maintenance, safety, or esthetic purposes; the elimination of encroachments, private or public crossings, or intersections; the establishment of limited-access public roads; the relocation of utilities; and any and all other purposes which may be reasonably related to the development, growth, or enhancement of the public roads of Georgia.
(c)
Property or interests shall not be acquired for "future public road purposes," as that term is used in this Code section, unless:
(1)
Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the necessary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; or
(2)
The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
(A)
A substantial monetary savings;
(B)
The enhancement of the integration of highways with public or private urban redevelopment; or
(C)
The forestalling of the physical or functional obsolescence of highways.
(d)
In the process of acquiring property or interests for any public road purpose, an entire lot, block, or tract of land may be acquired if by so doing the interest of the public will be best served.
Amended by 2020 Ga. Laws 507,§ 4, eff. 7/29/2020.
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 32-3-2 - Acquisition procedure generally; recording order and judgment or instrument of conveyance; filing order and judgment or instrument in records of department

All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22. Any instrument which conveys such property or interest to or any order and judgment which vests such property or interest in a state agency, county, or municipality shall be recorded in the name of the agency, county, or municipality in each county wherein the property or interest may lie, notwithstanding Code Section
50-16-3
. In the case of property or interests acquired by the department, the instrument or order and judgment shall also be kept in the records of the department. Article 1 of Chapter 6 of Title 48 shall not apply to property or interests acquired under the authority of this article.
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 32-3-3.2 - Procedure when documented conflict

(a)
As used in this Code section, the term:
(1)
"Acquisition" means the acquisition of rights of way or right of way easements in lieu of condemnation.
(2)
"Condemnation" means condemnation of rights of way or right of way easements pursuant to this title.
(3)
"Documentation of a conflict" means documentation produced by a condemning authority to a property owner revealing a proposed cure for an alleged damage that resulted as part of a condemnation or from acquisition through negotiations, of which the cure proposed to the property owner by the condemning authority would result in a violation of a local government land use ordinance or land disturbance regulation.
(b)
When rights of way or real property or interests therein are acquired or condemned by a state agency, county, or municipality for public road purposes and a documentation of a conflict has been issued to a property owner, the local jurisdiction shall:
(1)
Grant a minimum degree of variance from land use or land disturbance permitting standards for the remaining parcel to the property owner or any successor in interest. Such variance shall be granted upon satisfactory production of proof of the transfer of title of the acquired or condemned property or interests in property to the condemning authority and the documentation of a conflict; provided, however, that application for any such variance has been made no later than five years after the transfer of property or interests in property; or
(2)
Provide to the property owner or any successor in interest just and adequate compensation for damages related to a conflict with local land use ordinances or regulations as identified by documentation of a conflict and upon denial of a variance sought pursuant to paragraph (1) of this subsection; provided, however, that no compensation shall be paid either directly or indirectly by the acquirer or condemnor.
Added by 2020 Ga. Laws 507,§ 6, eff. 7/29/2020.
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 32-3-4 - Authority to bring condemnation proceedings

(a)
Whenever any state agency, county, or municipality desires to take or damage private property, including scenic easements, air rights, rights of access, and other interests in land for public road purposes or for any other public transportation purposes and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy, or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall for any reason conclude that it is desirable to have a judicial ascertainment of any question connected with the matter, such state agency, county, or municipality, through any authorized representative, may file a proceeding in rem in the superior court of the county having jurisdiction condemning the property or interests to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
(b)
When the acquisition of public property or an interest therein is necessary for public road purposes, including limited-access roads provided for by Article 4 of Chapter 6 of this title, the department may acquire such public property or interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section
50-16-183
. The procedures for the condemnation of property provided for in this Code section and Code Sections
32-3-5
through
32-3-19
of this article and the procedures provided for the condemnation of property in Article 3 of Chapter 2 of Title 22 and the procedures provided for the condemnation of property in Article 2 of Chapter 2 of Title 22 when the property sought is a public cemetery shall apply to the condemnation of public property or an interest therein by the department. As used in this subsection, the term "public property" has the meaning provided for in Code Section
50-16-180
.
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 32-3-5 - Contents of condemnation petition; notice

(a)
The petition referred to in Code Section
32-3-4
shall set forth:
(1)
The facts showing the right to condemn;
(2)
The property or interests to be taken or damaged;
(3)
The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
(4)
Descriptions of the persons or classes of unknown persons whose rights therein are to be excluded or otherwise affected;
(5)
Such other facts as are necessary for a full understanding of the cause;
(6)
A prayer for the judgment of the court in accordance with Code Section
32-3-13
or
32-3-19
; and
(7)
The date of the approval of the original location of the highway.
(b)
If any of the persons referred to in the petition are, so far as may be known, minors or under disability, that fact shall be stated.
(c)
It shall be the duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the original location of such highway as provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of the original location is on file at the office of the Department of Transportation and that any interested party may obtain a copy of same by writing to the Department of Transportation and paying a nominal cost therefor.
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 32-3-6 - Declaration of taking; Order of condemnation by condemning authority

(a)
In addition to the petition filed pursuant to Code Section
32-3-4
, the petitioner shall also file with the court a declaration of taking signed by:
(1)
The commissioner or the deputy commissioner of the Department of Transportation if the petitioner is seeking to acquire property or interests on behalf of the department;
(2)
The county governing authority if the petitioner is seeking to condemn for county road system purposes or any other public transportation purpose; or
(3)
The municipal governing authority if the petitioner is seeking to condemn for municipal street system purposes or any other public transportation purpose.
(b)
The declaration of taking shall declare that the lands are being taken for the use of the condemnor, subject to the order of the court provided for in Code Section
32-3-12
. The declaration shall contain or have annexed thereto:
(1)
A statement of the authority under which, and the public use for which, such lands are taken;
(2)
A description of the lands taken sufficient for the identification thereof;
(3)
A statement of the estate or interest in the lands taken for public use;
(4)
A plat showing the lands taken;
(5)
A statement of the sum of money estimated by the condemning authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser's statement justifying the sum; and
(6)
A certified copy of an order by the commissioner if the property or interest is being condemned for the department or by the county or municipality if the property or interest is being condemned for a county or municipality, finding that the circumstances are such that it is necessary to proceed in the particular case under this article, and specifically authorizing condemnation under this article.
(c)
Such an order of the commissioner or governing authority shall be conclusive as to the use of the property or interest condemned and as to the authority of the commissioner or governing authority to condemn under this article.
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 32-3-7 - Deposit of estimated compensation; vesting of title in condemning authority; protection of due process rights

(a)
Upon the filing of the declaration of taking and the deposit into court, which deposit shall be made at the time the declaration of taking is filed to the use of the persons entitled thereto, of the sum of money estimated in the declaration by the condemning authority to be just compensation, title to the property in fee simple absolute or such lesser interest as is specified in the declaration shall vest in the condemnor; the land shall be deemed to be condemned and taken for the use of the condemnor; and the right to just compensation for the same shall vest in the persons entitled thereto.
(b)
Nothing in this Code section shall be construed so as to deprive the owner of the property or interest of due process of law as guaranteed by the Constitutions of Georgia and of the United States.
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 32-3-9 - Service of nonresidents in condemnation proceedings

(a)
If a nonresident of this state owns the property condemned or any interest therein, whether such interest is as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of similar facts, such nonresident, in the event that his or her address is known, shall be served with a true and correct copy of the petition and declaration, together with any orders of the court thereon. It shall be the duty of the clerk of the superior court for the county wherein such condemnation proceeding is pending to enclose a copy of the petition and declaration in an envelope, properly addressed to the nonresident at his or her last known address, and to deposit the same in the United States mail, properly registered or certified and with a return receipt requested, or deliver the same by statutory overnight delivery; and the clerk shall make a return service, showing these facts, upon the original petition and declaration in such matter for which he or she shall be paid the fee he or she receives for like service for each service made, the same to be taxed against the costs in the case. Such certificate of service shall be final and conclusive as to service of the petition upon the nonresident and shall become a part of the record in the matter.
(b)
Where the address of the nonresident is unknown, whether such nonresident is the owner of the property, a minor, or the trustee or guardian of such minor or has any other lawful interest in the property, the method of advertising the condemnation of the particular property, as provided for in subsection (c) of Code Section
32-3-5
, shall be sufficient service upon such nonresidents and shall be final and conclusive; provided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation, to certify that the address of such person or persons is unknown to the condemnor; provided, further, that it shall be the duty of the sheriff of the county wherein the condemnation is pending to inquire into the truth of such allegation and to enter a certificate upon the condemnation proceeding, within three days from the filing of the same, verifying the truth of the allegation. This certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, shall be final and conclusive as to lawful service of the petition for condemnation upon the nonresident. For each such certificate, the sheriff shall receive the fee the sheriff receives for like service for each such certificate, the same to be taxed as other costs in the case.
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 32-3-10 - Substantial compliance with Code Sections 32-3-8 and 32-3-9

(a)
The proceeding described in this article being in rem, no provision in Code Sections
32-3-8
and
32-3-9
as to service shall be so construed as to invalidate the intent of the condemnor or as to delay the taking of the property or interest described in the declaration of taking and in the petition or in any manner as to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service as heretofore set out in this article shall be deemed sufficient.
(b)
At any stage of the cause before final verdict and judgment, the judge of the superior court may order such additional service to be made or such additional parties to be named as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work.
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 32-3-11 - Power of judge to set aside, vacate, and annul declaration of taking; issuance and service on condemnor of rule nisi; hearing

(a)
Upon proper pleadings and evidence, under the applicable rules of law, the judge of the superior court shall have the authority to set aside, vacate, and annul the declaration of taking, together with any title acquired thereby, in the same way and manner and for the same reasons as are provided by Code Sections
23-2-60
and
9-11-60
. The power of the court in this respect shall not be construed as extending to a determination of questions of necessity, but there shall be a prima-facie presumption that the property or interest condemned is taken for and is necessary to the public use provided for in this article.
(b)
The power of the court as described in subsection (a) of this Code section shall be restricted to the following questions:
(1)
Fraud or bad faith, as contemplated by Code Sections
23-2-60
and
9-11-60
;
(2)
The improper use of the powers of this article, such as are not contemplated by this article;
(3)
The abuse or misuse of the powers of this article; and
(4)
Such other questions as may properly be raised, including the question of whether or not this article has been invoked in some respect beyond the privileges conferred by this article or by an unauthorized agency, county, or municipality.
(c)
If the condemnee desires to raise such questions as are outlined in subsection (b) of this Code section, the same shall be done by proper pleadings, in the form of a petition addressed to the judge of the superior court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking. The presiding judge shall thereupon cause a rule nisi to be issued and served upon the condemnor, requiring him or her to show cause at a time and place designated by the judge why the title acquired by the declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of the rule nisi upon the condemnor, nor later than 60 days from the date of filing of the declaration of taking, and with the right of appeal by either party, as in other cases.
Amended by 2024 Ga. Laws 424,§ 5, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-17, 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 32-3-12 - Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges

(a)
Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county as provided for in subsection (f) of Code Section
32-3-8
, the court shall order that the money deposited in the court, or any part thereof applied for, be paid forthwith to the parties found to be entitled thereto, for the just compensation to be awarded in the proceedings; provided, however, that, where the validity of the proceedings has been placed in issue as provided for in Code Section
32-3-11
, the court shall not order the payment of the fund to the condemnee pending a final determination of such questions.
(b)
Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than 60 days from the date of the filing of the declaration of taking as provided in Code Section
32-3-6
, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.
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 32-3-13 - Self-executing nature of declaration of taking; court costs; entry of judgment; transfer of case to closed docket; effect of Code section on condemnor's title

(a)
No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section
32-3-6
; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section
32-3-11
.
(b)
If no appeal is filed as provided for in Code Section
32-3-14
, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in Code Sections
32-3-8
and
32-3-9
, or at any time thereafter, pay all accrued court costs in the case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by the condemnee as provided for in Code Section
32-3-12
, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment of the judgment and either transmit the same to the condemnee or cause the condemnee to be notified that he, the clerk, holds the same subject to the demand of the condemnee.
(c)
In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket.
(d)
Nothing provided for in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in Code Section
32-3-7
.
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 32-3-14 - Filing notice of appeal

If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section
32-3-7
, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the declaration and the deposit of the fund into court, but not later than 30 days following the date of the service as provided for in Code Sections
32-3-8
and
32-3-9
, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.
Amended by 2024 Ga. Laws 424,§ 6, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-18, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.