Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision after the requirements of Code Section 22-1-10 have been satisfied. Consent shall be granted by resolution or ordinance.
(Ga. L. 1889, p. 184, § 1; Civil Code 1895, § 2407; Civil Code 1910, § 2923; Code 1933, § 36-901; Ga. L. 1990, p. 731, § 1; Ga. L. 2000, p. 1514, § 1; Ga. L. 2006, p. 39, § 16/HB 1313.)
Cross references.- Authority of municipal corporations to exercise power of eminent domain for purposes of constructing, and extending water systems and sewage systems, § 36-34-5.
Acquisition and construction of water and sewage systems, § 36-34-5.
Editor's notes.- Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"
Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.
Law reviews.- For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).
JUDICIAL DECISIONS
Company holding franchise and having eminent domain power owes public duty.
- A company which holds a franchise to conduct the business of furnishing water to a city and its inhabitants and which has the power of eminent domain is a public service corporation, and owes a public duty to the city's inhabitants. Washington Water & Elec. Co. v. Pope Mfg. Co., 176 Ga. 155, 167 S.E. 286 (1932).
Cited in Pye v. State Hwy. Dep't, 226 Ga. 389, 175 S.E.2d 510 (1970).
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Eminent Domain, § 54 et seq. 78 Am. Jur. 2d, Waterworks and Water Companies, §§ 7 et seq., 14 et seq.
C.J.S.- 29A C.J.S., Eminent Domain, §§ 27 et seq., 94 et seq. 73 C.J.S., Public Utilities, §§ 151 et seq., 277 et seq.
ALR.- Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.
Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.
Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.
Right to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.
Eminent domain: right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.
Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility's having power of eminent domain, 87 A.L.R.3d 1265.
Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.