---
title: O.C.G.A. § 50-39-15. Power of eminent domain; limitations.
collection: code
id: 50-39-15
cite_as: O.C.G.A. § 50-39-15 (2025)
canonical_url: https://georgiacommons.org/code/50-39-15
md_url: https://georgiacommons.org/code/50-39-15.md
text_url: https://georgiacommons.org/code/50-39-15/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t50-ch13-40-(v38a)-2021-pdf.pdf?sfvrsn=1209d23f_0#page=815
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/50-39.md
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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: STATE GOVERNMENT / ATLANTA-REGION TRANSIT LINK ‘‘ATL’’ AUTHORITY / OPERATION OF AUTHORITY
---

# O.C.G.A. § 50-39-15. Power of eminent domain; limitations.

(a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state.

(b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state department, division, board, bureau, commission, authority, or other agency or instrumentality of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.

## History

Code 1981, § 50-39-15, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930.