Classification of Public Roads

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For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this Code section:

  1. STATE HIGHWAY SYSTEM. The state highway system shall consist of those public roads which on July 1, 1973, are shown by the records of the department to be "state-aid roads," those public roads thereafter designated by the department as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;
  2. COUNTY ROAD SYSTEMS. Each county road system shall consist of those public roads within that county, including county roads extending into any municipality within the county, which are shown to be part of that county road system by the department records on July 1, 1973, and any subsequent additions to such county road system made by the county;
  3. MUNICIPAL STREET SYSTEMS. Each municipal street system shall consist of those public roads within the limits of that municipality which are not in any other classification under this Code section.

(Code 1933, § 95A-201, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 136, § 32.)

OPINIONS OF THE ATTORNEY GENERAL

Deeding privately-owned road or driveway to county.

- Merely deeding privately owned road or driveway to county will not necessarily turn that private property into a public road. 1980 Op. Att'y Gen. No. U80-37.

When county must maintain roads annexed into municipalities.

- Because the county must maintain roads on the county road system and because public roads are not removed from the system by mere annexation into a municipality where the road lies, the county must continue to maintain roads on the county road system which are in areas annexed into a municipality until the governing authority of the county removes the roads from the county road system by appropriate action. 1976 Op. Att'y Gen. No. U76-21.

Contract for improvement of county road located in municipality.

- County may, by contract, obtain the cooperation of a municipality in the right-of-way acquisition for, and construction and maintenance of, a county road located within the municipality, but the county cannot require this of a municipality absent an appropriate contract. 1986 Op. Att'y Gen. No. U86-27.

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 3.

C.J.S.

- 39A C.J.S., Highways, § 1.

ALR.

- Responsibility of county for injury from defect in highway, 2 A.L.R. 721.

Term "highway" in statutory provision relative to vehicle traffic as including street, 54 A.L.R. 1250.

Jurisdiction and power in respect of street road which is part of, or touches upon, a state or federal highway, 144 A.L.R. 307.


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