---
title: O.C.G.A. § 46-8-312. Service of process on lessor railroad company, generally.
collection: code
id: 46-8-312
cite_as: O.C.G.A. § 46-8-312 (2025)
canonical_url: https://georgiacommons.org/code/46-8-312
md_url: https://georgiacommons.org/code/46-8-312.md
text_url: https://georgiacommons.org/code/46-8-312/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=768
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 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / RAILROAD COMPANIES / VENUE AND SERVICE OF PROCESS FOR ACTIONS AGAINST RAILROAD COMPANIES
---

# O.C.G.A. § 46-8-312. Service of process on lessor railroad company, generally.

Whenever any railroad company incorporated under the laws of this state or whose line of road may extend into this state has leased its line of road to any person and such lessee is in possession of the road, service on such lessor company may be perfected by delivering a copy of the summons and complaint to the president or other officer of the lessor company; provided, however, that, if service cannot be had in this manner, then service may be made upon such company by delivering to the Secretary of State two copies of the summons and complaint, one copy of which shall be mailed by the Secretary of State to the lessor company at its last known address according to the Secretary of State. In addition, the plaintiff shall cause a copy of the summons and complaint to be served upon the lessee by the sheriff of the county where the action is brought or by his deputy or by the marshal or his deputy.

## History

Ga. L. 1889, p. 137, § 1; Civil Code 1895, § 2337; Civil Code 1910, § 2801; Code 1933, § 94-1104; Ga. L. 2025, p. 1029, § 46(60)/SB 153, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, inserted a comma following “however, that” in the first sentence.