---
title: O.C.G.A. § 46-8-121. Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain.
collection: code
id: 46-8-121
cite_as: O.C.G.A. § 46-8-121 (2025)
canonical_url: https://georgiacommons.org/code/46-8-121
md_url: https://georgiacommons.org/code/46-8-121.md
text_url: https://georgiacommons.org/code/46-8-121/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=717
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/46-8.md
previous: https://georgiacommons.org/code/46-8-120.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / RAILROAD COMPANIES / CONSTRUCTION, IMPROVEMENT, AND REPAIR OF RAIL LINES, DEPOTS, AND ROADS
---

# O.C.G.A. § 46-8-121. Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain.

Authority and power are granted to railroad companies to acquire by purchase or gift and to hold such real estate as may be necessary for all of the purposes mentioned in Code Section 46-8-120. If the real estate cannot be acquired by purchase or gift, then it may be acquired by condemnation in the manner provided in Title 22, provided that the right of condemnation under this Code section shall not be exercised until the commission, under such rules of procedure as it may provide, first approves the taking of the property.

## History

Ga. L. 1914, p. 144, §§ 1, 2; Code 1933, §§ 94-321, 94-322.