---
title: O.C.G.A. § 32-6-172. Authority of department to obtain replacement right of way for relocated utility.
collection: code
id: 32-6-172
cite_as: O.C.G.A. § 32-6-172 (2025)
canonical_url: https://georgiacommons.org/code/32-6-172
md_url: https://georgiacommons.org/code/32-6-172.md
text_url: https://georgiacommons.org/code/32-6-172/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=322
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/32-6.md
previous: https://georgiacommons.org/code/32-6-171.md
next: https://georgiacommons.org/code/32-6-173.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: HIGHWAYS, BRIDGES, AND FERRIES / REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY / PUBLIC UTILITIES / IN GENERAL
---

# O.C.G.A. § 32-6-172. Authority of department to obtain replacement right of way for relocated utility.

(a) Whenever a public road improvement necessitates the acquisition by the department of a utility’s privately owned rights of way and the relocation of such utility’s facilities, the department may, with the written consent of the utility, provide a replacement right of way.

(b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs.

(c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner.

## History

Code 1933, § 95A-1003, enacted by Ga. L. 1973, p. 947, § 1.