---
title: O.C.G.A. § 32-2-5. Actions by or against department.
collection: code
id: 32-2-5
cite_as: O.C.G.A. § 32-2-5 (2025)
canonical_url: https://georgiacommons.org/code/32-2-5
md_url: https://georgiacommons.org/code/32-2-5.md
text_url: https://georgiacommons.org/code/32-2-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t32-(v23a)-2019-pdf.pdf?sfvrsn=b4b1408c_0#page=37
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: HIGHWAYS, BRIDGES, AND FERRIES / DEPARTMENT OF TRANSPORTATION / GENERAL PROVISIONS
---

# O.C.G.A. § 32-2-5. Actions by or against department.

(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.

## 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).