---
title: O.C.G.A. § 22-3-41. Power to acquire right to flood roads and highways.
collection: code
id: 22-3-41
cite_as: O.C.G.A. § 22-3-41 (2025)
canonical_url: https://georgiacommons.org/code/22-3-41
md_url: https://georgiacommons.org/code/22-3-41.md
text_url: https://georgiacommons.org/code/22-3-41/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-2020-pdf.pdf?sfvrsn=a1dfc71e_0#page=182
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/22-3.md
previous: https://georgiacommons.org/code/22-3-40.md
next: https://georgiacommons.org/code/22-3-42.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EMINENT DOMAIN / EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES / CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS / ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS
---

# O.C.G.A. § 22-3-41. Power to acquire right to flood roads and highways.

Any person referred to in Code Section 22-3-20 shall have the right and authority to acquire by purchase or condemnation the right to flood private roads or highways. Any such person shall also have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing, and opening other public roads or highways to replace the public roads or highways flooded or intended to be flooded and also by paying to the state and county authorities any other damages that may be the natural and probable consequence of such flooding.

## History

Ga. L. 1925, p. 272, § 1; Code 1933, § 36-804.

## Cross References

Abandonment of public roads, T. 32, C. 7.