---
title: O.C.G.A. § 22-3-63. Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system.
collection: code
id: 22-3-63
cite_as: O.C.G.A. § 22-3-63 (2025)
canonical_url: https://georgiacommons.org/code/22-3-63
md_url: https://georgiacommons.org/code/22-3-63.md
text_url: https://georgiacommons.org/code/22-3-63/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=188
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/22-3-62.md
next: https://georgiacommons.org/code/22-3-80.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 WATERWORKS AND SANITARY SEWAGE SYSTEMS
---

# O.C.G.A. § 22-3-63. Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system.

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:

(1) Is privately owned and is operated under the collective management and control of the owners;

(2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;

(3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and

(4) On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers

shall have the authority to condemn 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 such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance.

## History

Code 1981, § 22-3-63, enacted by Ga. L. 2000, p. 1514, § 2; Ga. L. 2006, p. 39, § 16/HB 1313.

## Cross References

Acquisition and construction of water and sewage systems, § 36-34-5.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2000, ‘‘May 1, 2000,’’ was substituted for ‘‘the effective date of this Code section’’ in paragraph (4).

## 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.

## Law Reviews

For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).