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Georgia Commons

Título 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Capítulo 8. RAILROAD COMPANIES

97 secciones · 46-8-1 a 46-8-382

Legible por máquinas https://georgiacommons.org/code/46-8.md · https://georgiacommons.org/code/index.md · MCP https://mcp.georgiacommons.org/mcp

Artículo 1. GENERAL PROVISIONS

  1. 46-8-1 a 46-8-4(sin encabezado impreso)Reservada

Artículo 2. POWERS AND DUTIES OF COMMISSION AS TO RAILROAD COMPANIES GENERALLY

  1. 46-8-20Exclusive 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.
  2. 46-8-21Powers of commission regarding railroads generally.
  3. 46-8-22Investigation 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.
  4. 46-8-23Prescription and enforcement by commission of rules, regulations, and orders as to receipt, transportation, and delivery of freight by railroads.
  5. 46-8-24Inspection by commission of contracts and agreements between railroad companies; disapproval of agreements; inclusion in agreements of rates exceeding rates fixed by commission.
  6. 46-8-25Inspection of railroads by commission; requiring repair of railroads; allotment of reasonable time for repairs; effect of Code section on liability of railroads.

Artículo 3. INCORPORATION AND CONSOLIDATION OF RAILROAD COMPANIES AND REQUIREMENTS AS TO DIRECTORS AND OFFICERS · Parte 1. INCORPORATION, ORGANIZATION, SUBSCRIPTION OF CAPITAL STOCK, SELECTION OF OFFICERS AND DIRECTORS

  1. 46-8-40Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State.
  2. 46-8-41Petition for incorporation; affidavit; filing.
  3. 46-8-42Certificate of incorporation; duration of corporate existence; fee for issuance of certificate.
  4. 46-8-43Duties 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.
  5. 46-8-44Subscription to capital stock; par value of stock; subscription to all capital stock as prerequisite to beginning railroad construction.
  6. 46-8-45Payment of subscriptions; procedure by directors in case of default by subscriber.
  7. 46-8-46Procedures regarding organizational meeting; qualifications of directors; selection of officers and agents; annual election of directors; filling of vacancies on board.
  8. 46-8-47Determination of directors’ compensation; appointment of chairman and vice-presidents; time and place of board meetings; procedures regarding board meetings.
  9. 46-8-48Creation of executive committee and other committees; powers of committees; designation of alternate members of committees; committee action by majority vote.
  10. 46-8-49Action by board or committee thereof or by shareholder or committee thereof by written consent of members without meeting.
  11. 46-8-50Combination 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.
  12. 46-8-51Indemnification of persons by railroad corporation; advance of expenses; insuring against liabilities; reports of payments to shareholders; provisions eliminating or limiting liability of director.
  13. 46-8-52Exemption of property of stockholders from debts or liabilities of corporation.
  14. 46-8-53Procedure for issuing bonds or increasing capital stock.
  15. 46-8-54Adoption of title by railroad companies incorporated, or by persons owning or operating a railroad, prior to December 17, 1892.
  16. 46-8-55Standard of care for directors and officers in discharge of duties; reliance upon financial information.

Artículo 3. INCORPORATION AND CONSOLIDATION OF RAILROAD COMPANIES AND REQUIREMENTS AS TO DIRECTORS AND OFFICERS · Parte 2. CONSOLIDATION, MERGER, SURRENDER OF FRANCHISE, AND DISSOLUTION OF COMPANIES

  1. 46-8-70Application by railroad company that company surrender its franchises and cease performing as a common carrier; hearing before commission; effect of outstanding debts on company.
  2. 46-8-71Dissolution of railroad corporation generally.
  3. 46-8-72Adoption of resolution for dissolution by board of directors; meeting of stockholders to consider resolution; filing of petition for dissolution with Secretary of State.
  4. 46-8-73Contents of petition for dissolution; certification resolution recommending dissolution; attachment of resolution to petition; verification of petition; fee for filing petition.
  5. 46-8-74Advertisement of petition for dissolution.
  6. 46-8-75Transfer of copy of petition from Secretary of State to commission.
  7. 46-8-76Proposed dissolution investigation; issuance of certificate approving or disapproving application for dissolution; certificate transfer; duplicate certificate filing; effect of disapproval.
  8. 46-8-77Certification by judge of the probate court of the fact of advertisement of petition; filing of certificate with Secretary of State.
  9. 46-8-78Order of Secretary of State accepting surrender of charter and franchises and dissolving corporation; recording of petition, certificate of approval, certificate of publication, and order.
  10. 46-8-79Effect of issuance of order of dissolution and payment of fees.
  11. 46-8-80Contracts between railroad companies for merger, consolidation, lease, or purchase for purposes of connecting the roads of the companies.
  12. 46-8-81Consolidation, merger, lease, or purchase of railroad companies whose roads form a continuous line; issuance of stocks and bonds by consolidated companies.
  13. 46-8-82Forfeiture 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.

Artículo 4. POWERS OF COMPANIES GENERALLY

  1. 46-8-100General powers.
  2. 46-8-101 a 46-8-103(sin encabezado impreso)Reservada
  3. 46-8-104Power of railroad companies to cross other railroads in order to reach minerals, timber, or other materials.
  4. 46-8-105 a 46-8-109(sin encabezado impreso)Reservada

Artículo 5. CONSTRUCTION, IMPROVEMENT, AND REPAIR OF RAIL LINES, DEPOTS, AND ROADS

  1. 46-8-120Powers of railroad companies generally.
  2. 46-8-121Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain.
  3. 46-8-122Effect of Code Sections 46-8-120 and 46-8-121 on other powers and authority granted to railroad companies.
  4. 46-8-123Construction of extensions and branch roads generally.
  5. 46-8-124Exercise of power of eminent domain by railroad corporations generally.
  6. 46-8-125Change of general direction and route of railroad.Reservada
  7. 46-8-126Relocation of highways necessitated by construction of crossings.
  8. 46-8-127Regulation of distance between tracks with the same terminal points.Reservada
  9. 46-8-128Obstructions 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.Reservada
  10. 46-8-129 a 46-8-132(sin encabezado impreso)Reservada
  11. 46-8-133Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles.

Artículo 6. OPERATION OF TRAINS GENERALLY · Parte 1. EMPLOYEES ENGAGED IN OPERATION OF TRAINS GENERALLY

  1. 46-8-150 a 46-8-152(sin encabezado impreso)Reservada

Artículo 6. OPERATION OF TRAINS GENERALLY · Parte 2. SIGNAL WHISTLES AND LIGHTS ON TRAINS

  1. 46-8-170 a 46-8-172(sin encabezado impreso)Reservada

Artículo 6. OPERATION OF TRAINS GENERALLY · Parte 3. OPERATION OF TRAINS AT CROSSINGS

  1. 46-8-190 a 46-8-193(sin encabezado impreso)Reservada
  2. 46-8-194Erection and maintenance of crossbuck signs at highway grade crossings; conformance of signs to Department of Transportation standards.
  3. 46-8-195Bringing of actions to compel railroad companies to post crossbuck signs.
  4. 46-8-196Use 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.
  5. 46-8-197Legal 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.
  6. 46-8-198Erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch.Reservada

Artículo 6. OPERATION OF TRAINS GENERALLY · Parte 4. INJURY TO LIVESTOCK AND OTHER PROPERTY

  1. 46-8-210 a 46-8-212(sin encabezado impreso)Reservada

Artículo 7. SPECIAL OFFICERS FOR PROTECTION OF RAILROAD PROPERTY

  1. 46-8-230Appointment of officers by Governor; power of arrest; source of compensation.
  2. 46-8-231Powers, duties, and responsibilities of officers generally.
  3. 46-8-232Qualifications of officers; posting of bond; duration of appointment and commission; filing notice of termination by corporation; revocation of appointment and commission.
  4. 46-8-233Return of processes to county of origin.

Artículo 8. LIENS AGAINST COMPANIES GENERALLY

  1. 46-8-250 a 46-8-254(sin encabezado impreso)Reservada

Artículo 9. LEASES AND CONDITIONAL SALES OF ROLLING STOCK

  1. 46-8-270 a 46-8-272(sin encabezado impreso)Reservada

Artículo 10. LIABILITY OF COMPANIES FOR DAMAGES GENERALLY

  1. 46-8-290Liability of railroad companies and their officers, agents, and employees for injuries to individuals and for damage or destruction of property generally.
  2. 46-8-291Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.
  3. 46-8-292Proof of injury from running of train as prima-facie evidence of lack of reasonable skill and care.

Artículo 11. VENUE AND SERVICE OF PROCESS FOR ACTIONS AGAINST RAILROAD COMPANIES

  1. 46-8-310Venue for actions against lessee or possessor of railroad.
  2. 46-8-311Manner of service of process on lessee of railroad.
  3. 46-8-312Service of process on lessor railroad company, generally.
  4. 46-8-313Manner of service where address of president of company unknown.
  5. 46-8-314Venue and service of process in actions against receivers, trustees, and other officers of railroad companies; obtaining leave to sue.

Artículo 12. STREET, SUBURBAN, AND INTERURBAN RAILROADS

  1. 46-8-330“Interurban railroads” defined.
  2. 46-8-331Incorporation, control, and management of interurban, suburban, and street railroads.
  3. 46-8-332Power of street, suburban, or interurban railroad corporation to increase capital stock; manner of increase.
  4. 46-8-333Use 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.
  5. 46-8-334Purchase, mortgage, transfer, or disposal of capital stock, bonds, or other indebtedness; acquisition of property, rights, and franchises.
  6. 46-8-335Time of effectiveness of guaranty or acquisition of stock, property, and franchises; protection of rights of dissenting stockholders.
  7. 46-8-336Acquiring 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.
  8. 46-8-337Issuance of bonds, notes, or other indebtedness by consolidated corporation; pledge of security.
  9. 46-8-338Tax exemption for property and capital stock of street, suburban, or interurban railroad companies with tracks and appurtenances extended into adjoining state.
  10. 46-8-339Authority of street, suburban, and interurban railroad companies to furnish steam for heating and power purposes and to lay and maintain steampipes.
  11. 46-8-340Free transportation for policemen, firemen, and other members of municipal and county utility departments by street, suburban, and interurban railroad companies.
  12. 46-8-341Lease 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.
  13. 46-8-342Acquisition, sale, operation, transfer, or disposal of motor buses and trackless trolleys by street, suburban, and interurban railroad companies.
  14. 46-8-343Utilization of trackless trolleys by street, suburban, or interurban railroad companies.
  15. 46-8-344Sale of street, suburban, or interurban railroad and bus transportation operations by companies engaged in operating electric generating plants, generally.
  16. 46-8-345Consent by municipality to sale of certain railroad and bus properties and franchises; public hearing; filing of board and municipality resolutions and order of approval.
  17. 46-8-346Effect of sale on corporate existence, powers, and liabilities of company.
  18. 46-8-347Adoption of chapter by railroad companies.
  19. 46-8-348Jurisdiction over interurban railroads; applicability of laws pertaining to other railroad companies; existing contracts between municipalities and railroad companies; grandfathered fares.

Artículo 13. ACTS OR ATTEMPTS RESULTING IN INSOLVENCY OR JUDICIAL SEIZURE OF A COMPANY

  1. 46-8-360 a 46-8-365(sin encabezado impreso)Reservada

Artículo 14. MISCELLANEOUS OFFENSES

  1. 46-8-380Intruding on railroad tracks.
  2. 46-8-381Hiding on train for purpose of stealing a ride.
  3. 46-8-382Neglect or refusal of officer, agent, or employee of railroad company to make and furnish report required by commission; obstructing commission.