Acquisition of Property by Devise, Exchange, Prescription, or Dedication; Acquisition by County or Municipality on Behalf of Department

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Acquisition of Property for Transportation Purposes
  5. General Provisions
  6. Acquisition of Property by Devise, Exchange, Prescription, or Dedication; Acquisition by County or Municipality on Behalf of Department

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  1. The department or any county or municipality is authorized to accept donations, transfers, or devises of land from private persons, from the federal government, or from other state agencies, counties, or municipalities, provided that such land is suitable for present or future public road purposes. Any property may be so acquired in fee or any lesser interest, provided that the state agency, county, or municipality thereby obtains an interest sufficient to ensure reasonable protection of the public investment which it may thereafter make in such land. The instrument which conveys such property or interest shall be recorded in the county or counties where such property or interest lies and, in the case of property or interests acquired by the department, shall also be kept in the records of the department.
  2. Any state agency, county, or municipality is authorized, for public road purposes, to enter into agreements with other state agencies, counties, or municipalities, with the federal government, and with private persons for the exchange of real property or interests therein for public road purposes. Such exchange shall not be consummated unless the exchange serves the best interest of the public and unless the property or interest to be acquired in exchange is appraised as being of equal value to, or of greater value than, the property or interest to be exchanged.
  3. Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more.
  4. Any state agency, county, or municipality may acquire rights of way or other real property or interests therein by dedication, provided that the property or interests are adequate for public road purposes and serve the best interests of the public; provided, further, that the agency, county, or municipality receives a warranty deed, except where the property or interest is acquired from a state or federal agency, a county, or a municipality, in which case, where legally possible, a warranty deed shall be received; but, if it is not legally possible to receive a warranty deed, then a quitclaim deed shall be received.
  5. When a road is approved as part of the state highway system, it shall be the duty of the county or municipality through which the road will pass to assist the department in procuring the necessary rights of way as economically as possible; and all expenses thereof shall be paid as provided in Code Section 32-5-25, provided that, whenever the county or municipality acquires property or interests for the department, title to such property or interest may be acquired in the name of the department.

(Code 1933, § 95A-602, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)

OPINIONS OF THE ATTORNEY GENERAL

No transfer tax on property acquired by Department of Transportation.

- Tax on transfer of real property does not apply to property acquired by Department of Transportation. 1974 Op. Att'y Gen. No. U74-56.

What property may be exchanged.

- DOT may only exchange real property for real property and may not include any exchange of money or other personal property in such an exchange. 1992 Op. Att'y Gen. No. 92-8.

RESEARCH REFERENCES

ALR.

- Reservation of right of way for railroad or street railway in dedicating property for highway, 43 A.L.R. 766; 131 A.L.R. 1472.

Constitutionality of statute or ordinance denying right of property owners to defeat a proposed street improvement by protest, 52 A.L.R. 883.

Validity and effect of conditions or covenants in deed of property for streets relating to the use of the property or the street, 69 A.L.R. 1047.

Dedication: acceptance of some of streets, alleys, and the like appearing on plat as acceptance of all, 32 A.L.R.2d 953.

Width and boundaries of public highway acquired by prescription or adverse use, 76 A.L.R.2d 535.

Relative rights and liabilities of abutting owners and public authorities in parkways in center of street, 81 A.L.R.2d 1436.

Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.


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