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Official Code of Georgia Annotated

Title 32. HIGHWAYS, BRIDGES, AND FERRIES · Chapter 6. REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY · Article 1. GENERAL PROVISIONS

32-6-4. Removal of natural or manmade obstructions, cargo, or personal property during state of emergency.

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

  1. State or local law enforcement officers, including fire department officials, and the department are authorized, upon the issuance of an executive order by the Governor declaring a state of emergency, with or without the consent of the owner, to remove or have removed any natural or manmade obstruction, cargo, or other personal property which is abandoned, unattended, or damaged and the law enforcement officer or the department determines such object to be a threat to public health or safety or to be contributing to traffic congestion. Any person, contractor, towing service, or other entity that is removing an obstruction, cargo, or other personal property pursuant to the instruction of a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or the department, and under the provisions of this Code section, shall be liable for damage or harm at the location where the obstruction, cargo, or other personal property was left abandoned or unattended, only when the person, contractor, towing service, or other entity was grossly negligent in the performance of his or her assigned duties; provided, however, nothing in this Code section shall limit liability for any damage or harm caused at a location different from the location where the obstruction, cargo, or other personal property was left abandoned or unattended.

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

Code 1981, § 32-6-4, enacted by Ga. L. 2011, p. 583, § 8/HB 137.

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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, page 211; merge action: carried; file SHA-256 04a286a38b4e.

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