Official Code of Georgia Annotated

Title 32. HIGHWAYS, BRIDGES, AND FERRIES · Chapter 2. DEPARTMENT OF TRANSPORTATION · Article 1. GENERAL PROVISIONS

32-2-5. Actions by or against department.

Active

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

(a)
The department shall have the authority to bring actions; and it may be sued in such actions as are permitted by law. In addition, the department may adjust and make settlement of any and all claims presented to it under oath.#
(b)
All actions brought ex contractu by or against the department shall be brought in a county where any part of the work is to be or has been performed. All other actions by or against the department shall be brought in the county in which the cause of action arose. Service upon the department shall be sufficient by serving a second original process issued from the county where the action is filed upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia.#

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. 1919, p. 242, art. 6, § 3; Ga. L. 1925, p. 208, § 4; Code 1933, § 95-1505; Code 1933, § 95A-304, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 10.

Law reviews

For article surveying contracts — legislation, see 34 Mercer L. Rev. 71 (1982). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims, pursuant to the Georgia Constitution, see 27 Emory L.J. 717 (1978).

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 t32-(v23a)-2019-pdf.pdf, Volume V23A, 2019 edition, pages 37 to 38; merge action: carried; file SHA-256 04a286a38b4e.