---
title: Title 46, Chapter 8. Railroad Companies
collection: code
id: code:chapter:46-8
canonical_url: https://georgiacommons.org/code/title/46/chapter/8
md_url: https://georgiacommons.org/code/46-8.md
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.md
previous: https://georgiacommons.org/code/46-7.md
next: https://georgiacommons.org/code/46-8A.md
index: https://georgiacommons.org/code/index.md
heading: RAILROAD COMPANIES
title_heading: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION
section_count: 97
full_url: https://georgiacommons.org/code/46-8.md?full=1
---

# Title 46, Chapter 8. Railroad Companies

Title 46. Public Utilities and Public Transportation

97 sections. Each line is `citation, catchline, status, URL`; the text of every section, in order, is at https://georgiacommons.org/code/46-8.md?full=1 (capped, with a pointer to continue).

- 46-8-1, , reserved through 46-8-4 (no version in force today), https://georgiacommons.org/code/46-8-1.md
- 46-8-20, Exclusive power of commission to determine just and reasonable rates and charges; establishing rates and tariffs generally; locating of depots and construction of freight and passenger buildings, active, https://georgiacommons.org/code/46-8-20.md
- 46-8-21, Powers of commission regarding railroads generally, active, https://georgiacommons.org/code/46-8-21.md
- 46-8-22, Investigation by commission of books and papers of railroad companies; inspection of railroad offices and stations; examination of railroad’s agents and employees; rules and regulations, active, https://georgiacommons.org/code/46-8-22.md
- 46-8-23, Prescription and enforcement by commission of rules, regulations, and orders as to receipt, transportation, and delivery of freight by railroads, active, https://georgiacommons.org/code/46-8-23.md
- 46-8-24, Inspection by commission of contracts and agreements between railroad companies; disapproval of agreements; inclusion in agreements of rates exceeding rates fixed by commission, active, https://georgiacommons.org/code/46-8-24.md
- 46-8-25, Inspection of railroads by commission; requiring repair of railroads; allotment of reasonable time for repairs; effect of Code section on liability of railroads, active, https://georgiacommons.org/code/46-8-25.md
- 46-8-40, Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State, active, https://georgiacommons.org/code/46-8-40.md
- 46-8-41, Petition for incorporation; affidavit; filing, active, https://georgiacommons.org/code/46-8-41.md
- 46-8-42, Certificate of incorporation; duration of corporate existence; fee for issuance of certificate, active, https://georgiacommons.org/code/46-8-42.md
- 46-8-43, Duties of Secretary of State prior to issuance of certificate of incorporation; certificate or duplicate thereof as evidence of existence of corporation and compliance with chapter, active, https://georgiacommons.org/code/46-8-43.md
- 46-8-44, Subscription to capital stock; par value of stock; subscription to all capital stock as prerequisite to beginning railroad construction, active, https://georgiacommons.org/code/46-8-44.md
- 46-8-45, Payment of subscriptions; procedure by directors in case of default by subscriber, active, https://georgiacommons.org/code/46-8-45.md
- 46-8-46, Procedures regarding organizational meeting; qualifications of directors; selection of officers and agents; annual election of directors; filling of vacancies on board, active, https://georgiacommons.org/code/46-8-46.md
- 46-8-47, Determination of directors’ compensation; appointment of chairman and vice-presidents; time and place of board meetings; procedures regarding board meetings, active, https://georgiacommons.org/code/46-8-47.md
- 46-8-48, Creation of executive committee and other committees; powers of committees; designation of alternate members of committees; committee action by majority vote, active, https://georgiacommons.org/code/46-8-48.md
- 46-8-49, Action by board or committee thereof or by shareholder or committee thereof by written consent of members without meeting, active, https://georgiacommons.org/code/46-8-49.md
- 46-8-50, Combination of offices of corporation; election of officers by shareholders; terms of office; powers and duties of officers; authority of chairman or president as to legal proceedings, active, https://georgiacommons.org/code/46-8-50.md
- 46-8-51, Indemnification of persons by railroad corporation; advance of expenses; insuring against liabilities; reports of payments to shareholders; provisions eliminating or limiting liability of director, active, https://georgiacommons.org/code/46-8-51.md
- 46-8-52, Exemption of property of stockholders from debts or liabilities of corporation, active, https://georgiacommons.org/code/46-8-52.md
- 46-8-53, Procedure for issuing bonds or increasing capital stock, active, https://georgiacommons.org/code/46-8-53.md
- 46-8-54, Adoption of title by railroad companies incorporated, or by persons owning or operating a railroad, prior to December 17, 1892, active, https://georgiacommons.org/code/46-8-54.md
- 46-8-55, Standard of care for directors and officers in discharge of duties; reliance upon financial information, active, https://georgiacommons.org/code/46-8-55.md
- 46-8-70, Application by railroad company that company surrender its franchises and cease performing as a common carrier; hearing before commission; effect of outstanding debts on company, active, https://georgiacommons.org/code/46-8-70.md
- 46-8-71, Dissolution of railroad corporation generally, active, https://georgiacommons.org/code/46-8-71.md
- 46-8-72, Adoption of resolution for dissolution by board of directors; meeting of stockholders to consider resolution; filing of petition for dissolution with Secretary of State, active, https://georgiacommons.org/code/46-8-72.md
- 46-8-73, Contents of petition for dissolution; certification resolution recommending dissolution; attachment of resolution to petition; verification of petition; fee for filing petition, active, https://georgiacommons.org/code/46-8-73.md
- 46-8-74, Advertisement of petition for dissolution, active, https://georgiacommons.org/code/46-8-74.md
- 46-8-75, Transfer of copy of petition from Secretary of State to commission, active, https://georgiacommons.org/code/46-8-75.md
- 46-8-76, Proposed dissolution investigation; issuance of certificate approving or disapproving application for dissolution; certificate transfer; duplicate certificate filing; effect of disapproval, active, https://georgiacommons.org/code/46-8-76.md
- 46-8-77, Certification by judge of the probate court of the fact of advertisement of petition; filing of certificate with Secretary of State, active, https://georgiacommons.org/code/46-8-77.md
- 46-8-78, Order of Secretary of State accepting surrender of charter and franchises and dissolving corporation; recording of petition, certificate of approval, certificate of publication, and order, active, https://georgiacommons.org/code/46-8-78.md
- 46-8-79, Effect of issuance of order of dissolution and payment of fees, active, https://georgiacommons.org/code/46-8-79.md
- 46-8-80, Contracts between railroad companies for merger, consolidation, lease, or purchase for purposes of connecting the roads of the companies, active, https://georgiacommons.org/code/46-8-80.md
- 46-8-81, Consolidation, merger, lease, or purchase of railroad companies whose roads form a continuous line; issuance of stocks and bonds by consolidated companies, active, https://georgiacommons.org/code/46-8-81.md
- 46-8-82, Forfeiture of powers, privileges, and certificate of incorporation for failure to construct and operate 15 miles of road within three years; extension of time for construction and operation of road, active, https://georgiacommons.org/code/46-8-82.md
- 46-8-100, General powers, active, https://georgiacommons.org/code/46-8-100.md
- 46-8-101, , reserved through 46-8-103 (no version in force today), https://georgiacommons.org/code/46-8-101.md
- 46-8-104, Power of railroad companies to cross other railroads in order to reach minerals, timber, or other materials, active, https://georgiacommons.org/code/46-8-104.md
- 46-8-105, , reserved through 46-8-109 (no version in force today), https://georgiacommons.org/code/46-8-105.md
- 46-8-120, Powers of railroad companies generally, active, https://georgiacommons.org/code/46-8-120.md
- 46-8-121, Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain, active, https://georgiacommons.org/code/46-8-121.md
- 46-8-122, Effect of Code Sections 46-8-120 and 46-8-121 on other powers and authority granted to railroad companies, active, https://georgiacommons.org/code/46-8-122.md
- 46-8-123, Construction of extensions and branch roads generally, active, https://georgiacommons.org/code/46-8-123.md
- 46-8-124, Exercise of power of eminent domain by railroad corporations generally, active, https://georgiacommons.org/code/46-8-124.md
- 46-8-125, Change of general direction and route of railroad, reserved (no version in force today), https://georgiacommons.org/code/46-8-125.md
- 46-8-126, Relocation of highways necessitated by construction of crossings, active, https://georgiacommons.org/code/46-8-126.md
- 46-8-127, Regulation of distance between tracks with the same terminal points, reserved (no version in force today), https://georgiacommons.org/code/46-8-127.md
- 46-8-128, Obstructions located at crossing; disrepair of crossing; removal of obstruction or repair of crossing by county upon failure of company to remove obstruction or repair crossing, reserved (no version in force today), https://georgiacommons.org/code/46-8-128.md
- 46-8-129, , reserved through 46-8-132 (no version in force today), https://georgiacommons.org/code/46-8-129.md
- 46-8-133, Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles, active, https://georgiacommons.org/code/46-8-133.md
- 46-8-150, , reserved through 46-8-152 (no version in force today), https://georgiacommons.org/code/46-8-150.md
- 46-8-170, , reserved through 46-8-172 (no version in force today), https://georgiacommons.org/code/46-8-170.md
- 46-8-190, , reserved through 46-8-193 (no version in force today), https://georgiacommons.org/code/46-8-190.md
- 46-8-194, Erection and maintenance of crossbuck signs at highway grade crossings; conformance of signs to Department of Transportation standards, active, https://georgiacommons.org/code/46-8-194.md
- 46-8-195, Bringing of actions to compel railroad companies to post crossbuck signs, active, https://georgiacommons.org/code/46-8-195.md
- 46-8-196, Use of standard signs for highway crossings and for advertising or other purposes; mutilation, destruction, and defacement of standard signs; removal of unauthorized signs by county authorities, active, https://georgiacommons.org/code/46-8-196.md
- 46-8-197, Legal responsibility of member of train crew, yard crew, or engine crew for occupying or blocking street, road, or highway grade crossing pursuant to employer’s order, active, https://georgiacommons.org/code/46-8-197.md
- 46-8-198, Erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch, reserved (no version in force today), https://georgiacommons.org/code/46-8-198.md
- 46-8-210, , reserved through 46-8-212 (no version in force today), https://georgiacommons.org/code/46-8-210.md
- 46-8-230, Appointment of officers by Governor; power of arrest; source of compensation, active, https://georgiacommons.org/code/46-8-230.md
- 46-8-231, Powers, duties, and responsibilities of officers generally, active, https://georgiacommons.org/code/46-8-231.md
- 46-8-232, Qualifications of officers; posting of bond; duration of appointment and commission; filing notice of termination by corporation; revocation of appointment and commission, active, https://georgiacommons.org/code/46-8-232.md
- 46-8-233, Return of processes to county of origin, active, https://georgiacommons.org/code/46-8-233.md
- 46-8-250, , reserved through 46-8-254 (no version in force today), https://georgiacommons.org/code/46-8-250.md
- 46-8-270, , reserved through 46-8-272 (no version in force today), https://georgiacommons.org/code/46-8-270.md
- 46-8-290, Liability of railroad companies and their officers, agents, and employees for injuries to individuals and for damage or destruction of property generally, active, https://georgiacommons.org/code/46-8-290.md
- 46-8-291, Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery, active, https://georgiacommons.org/code/46-8-291.md
- 46-8-292, Proof of injury from running of train as prima-facie evidence of lack of reasonable skill and care, active, https://georgiacommons.org/code/46-8-292.md
- 46-8-310, Venue for actions against lessee or possessor of railroad, active, https://georgiacommons.org/code/46-8-310.md
- 46-8-311, Manner of service of process on lessee of railroad, active, https://georgiacommons.org/code/46-8-311.md
- 46-8-312, Service of process on lessor railroad company, generally, active, https://georgiacommons.org/code/46-8-312.md
- 46-8-313, Manner of service where address of president of company unknown, active, https://georgiacommons.org/code/46-8-313.md
- 46-8-314, Venue and service of process in actions against receivers, trustees, and other officers of railroad companies; obtaining leave to sue, active, https://georgiacommons.org/code/46-8-314.md
- 46-8-330, “Interurban railroads” defined, active, https://georgiacommons.org/code/46-8-330.md
- 46-8-331, Incorporation, control, and management of interurban, suburban, and street railroads, active, https://georgiacommons.org/code/46-8-331.md
- 46-8-332, Power of street, suburban, or interurban railroad corporation to increase capital stock; manner of increase, active, https://georgiacommons.org/code/46-8-332.md
- 46-8-333, Use of electricity, gasoline, or gas by street, suburban, and interurban railroads; operation of gas and electric plants, generation and furnishing of gas and electricity by railroads, active, https://georgiacommons.org/code/46-8-333.md
- 46-8-334, Purchase, mortgage, transfer, or disposal of capital stock, bonds, or other indebtedness; acquisition of property, rights, and franchises, active, https://georgiacommons.org/code/46-8-334.md
- 46-8-335, Time of effectiveness of guaranty or acquisition of stock, property, and franchises; protection of rights of dissenting stockholders, active, https://georgiacommons.org/code/46-8-335.md
- 46-8-336, Acquiring property, franchises, and rights; nature of rights and privileges of purchasing or consolidated corporation; Secretary of State’s certificate as evidence of existence of corporation, active, https://georgiacommons.org/code/46-8-336.md
- 46-8-337, Issuance of bonds, notes, or other indebtedness by consolidated corporation; pledge of security, active, https://georgiacommons.org/code/46-8-337.md
- 46-8-338, Tax exemption for property and capital stock of street, suburban, or interurban railroad companies with tracks and appurtenances extended into adjoining state, active, https://georgiacommons.org/code/46-8-338.md
- 46-8-339, Authority of street, suburban, and interurban railroad companies to furnish steam for heating and power purposes and to lay and maintain steampipes, active, https://georgiacommons.org/code/46-8-339.md
- 46-8-340, Free transportation for policemen, firemen, and other members of municipal and county utility departments by street, suburban, and interurban railroad companies, active, https://georgiacommons.org/code/46-8-340.md
- 46-8-341, Lease and sale of roads, franchises, and property between street, suburban, and interurban railroad companies; property purchaser’s liability for debts and claims against lessor or vendor, active, https://georgiacommons.org/code/46-8-341.md
- 46-8-342, Acquisition, sale, operation, transfer, or disposal of motor buses and trackless trolleys by street, suburban, and interurban railroad companies, active, https://georgiacommons.org/code/46-8-342.md
- 46-8-343, Utilization of trackless trolleys by street, suburban, or interurban railroad companies, active, https://georgiacommons.org/code/46-8-343.md
- 46-8-344, Sale of street, suburban, or interurban railroad and bus transportation operations by companies engaged in operating electric generating plants, generally, active, https://georgiacommons.org/code/46-8-344.md
- 46-8-345, Consent by municipality to sale of certain railroad and bus properties and franchises; public hearing; filing of board and municipality resolutions and order of approval, active, https://georgiacommons.org/code/46-8-345.md
- 46-8-346, Effect of sale on corporate existence, powers, and liabilities of company, active, https://georgiacommons.org/code/46-8-346.md
- 46-8-347, Adoption of chapter by railroad companies, active, https://georgiacommons.org/code/46-8-347.md
- 46-8-348, Jurisdiction over interurban railroads; applicability of laws pertaining to other railroad companies; existing contracts between municipalities and railroad companies; grandfathered fares, active, https://georgiacommons.org/code/46-8-348.md
- 46-8-360, , reserved through 46-8-365 (no version in force today), https://georgiacommons.org/code/46-8-360.md
- 46-8-380, Intruding on railroad tracks, active, https://georgiacommons.org/code/46-8-380.md
- 46-8-381, Hiding on train for purpose of stealing a ride, active, https://georgiacommons.org/code/46-8-381.md
- 46-8-382, Neglect or refusal of officer, agent, or employee of railroad company to make and furnish report required by commission; obstructing commission, active, https://georgiacommons.org/code/46-8-382.md