Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:
shall have the authority to condemn 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 such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance.
(Code 1981, §22-3-63, enacted by Ga. L. 2000, p. 1514, § 2; Ga. L. 2006, p. 39, § 16/HB 1313.)
Cross references.- Acquisition and construction of water and sewage systems, § 36-34-5.
Code Commission notes.- Pursuant to Code Section 28-9-5, in 2000, "May 1, 2000," was substituted for "the effective date of this Code section" in paragraph (4).
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 article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).
RESEARCH REFERENCES
C.J.S.
- 29A C.J.S., Eminent Domain, § 94 et seq.
ARTICLE 4 CONSTRUCTION AND OPERATION OF PETROLEUM PIPELINES
Editor's notes.
- Ga. L. 1995, p. 161, effective July 1, 1995, repealed the Code sections formerly codified at this article and enacted the former provisions on the construction and operation of petroleum pipelines. The former article consisted of Code Sections 22-3-70 through 22-3-72 (Part 1) and 22-3-80 through 22-3-83 (Part 2) and was based on Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act) and Ga. L. 1994, p. 229, §§ 1 and 2. Ga. L. 1995, p. 161 also enacted an Article 4, effective from March 30, 1995, until July 1, 1995, which consisted of Code Section 22-3-83.
Ga. L. 2017, p. 744, § 2/HB 413, effective May 9, 2017, for purposes of proposing rules and regulations and effective for all other purposes July 1, 2017, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 22-3-80 through 22-3-91, relating to the construction and operation of petroleum pipelines, and was based on Ga. L. 1995, p. 161, § 2; Ga. L. 1996, p. 6, § 22; Ga. L. 2016, p. 744, § 1/HB 1036 and Ga. L. 2017, p. 774, § 22(2-4)/HB 323.
Ga. L. 2017, p. 774, § 54(e)/HB 323, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2017 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to former Code Section 22-3-89 by Ga. L. 2017, p. 774, § 22(4)/HB 323, was not given effect.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 22-3-70 et seq. are included in the annotations for this article.
Petroleum pipeline operators were entitled to clear easements.
- Operators of petroleum pipelines were entitled to clear easements to permit aerial inspection and access by maintenance crews. Avery v. Colonial Pipeline Co., 213 Ga. App. 388, 444 S.E.2d 363 (1994) (decided under former O.C.G.A. § 22-3-70 et seq.)
RESEARCH REFERENCESTrial of a Gas Pipeline Leak and Explosion Case, 25 Am. Jur. Trials 415.
Am. Jur. 2d.- 26 Am. Jur. 2d, Eminent Domain, §§ 61, 81, 84, 86.
C.J.S.- 29A C.J.S., Eminent Domain, §§ 27 et seq., 117 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.
Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.
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.
Fear of powerline, gas or oil pipeline, or related structure as element of damages in easement condemnation proceeding, 23 A.L.R.4th 631.
Am. Jur. 2d.- 38 Am. Jur. 2d, Gas and Oil, § 1 et seq.
26 Am. Jur. 2d, Eminent Domain, § 84.
12C Am. Jur. Pleading and Practice Forms, Gas and Oil, § 1 et seq.