Official Code of Georgia Annotated

Title 22. EMINENT DOMAIN · Chapter 3. EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES · Article 3. CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS

22-3-60. Authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision after the requirements of Code Section 22-1-10 have been satisfied. Consent shall be granted by resolution or ordinance.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1889, p. 184, § 1; Civil Code 1895, § 2407; Civil Code 1910, § 2923; Code 1933, § 36-901; Ga. L. 1990, p. 731, § 1; Ga. L. 2000, p. 1514, § 1; Ga. L. 2006, p. 39, § 16/HB 1313.

Editor's notes

Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’’’ Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.

Cross references

Authority of municipal corporations to exercise power of eminent domain for purposes of constructing, and extending water systems and sewage systems, § 36-34-5. Acquisition and construction of water and sewage systems, § 36-34-5.

Law reviews

For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, pages 185 to 186; merge action: carried; file SHA-256 b3cf4ff62f2f.