Obstructing, Encroaching On, or Injuring Public Roads

1. Law
2. Georgia Code
3. Highways, Bridges, and Ferries
4. Regulation of Maintenance and Use of Public Roads Generally
5. General Provisions
6. Obstructing, Encroaching On, or Injuring Public Roads

1. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public.
2. Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense.
3. Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1.

(Code 1933, § 95A-903, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 132, § 4; Ga. L. 1988, p. 1431, § 1; Ga. L. 1993, p. 315, § 1; Ga. L. 2002, p. 1126, § 4.)

Cross references.

- Further provisions regarding obstruction of public roads, § 16-11-43.

Prohibition against interference with public roads and streets by mass picketing near site of labor dispute, § 34-6-5.

Law reviews.

- For article, "Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia," see 14 Mercer L. Rev. 308 (1963).

JUDICIAL DECISIONS

Section's applicability to structures on private property.

- O.C.G.A. § 32-6-1 does not apply to structures which are on private property adjacent to public roads. Smith v. Hiawassee Hdwe. Co., 167 Ga. App. 70, 305 S.E.2d 805 (1983).

Applicability to operation of and parking vehicles.

- O.C.G.A. § 32-6-1 does not in any way regulate vehicles used upon state highways, and therefore does not authorize the conviction of a person for obstructing and encroaching upon a public road resulting from operating and parking vehicles. Cartwright v. State, 197 Ga. App. 868, 399 S.E.2d 736 (1990).

O.C.G.A. § 32-6-1 does not apply to improperly parked tractor-trailer, which is a parked vehicle rather than a structure. Southern Intermodal Logistics, Inc. v. Coleman, 175 Ga. App. 853, 334 S.E.2d 888 (1985).

Department can require removal of obstructions.

- Management and control of the right of way of the state's system of roads is vested in the Department of Transportation, and the department can require the removal of any obstruction placed thereon without express permission. Crider v. Kelley, 232 Ga. 616, 208 S.E.2d 444 (1974).

Bridge partially blocking traffic lights.

- Railroad's bridge, which partially blocked traffic lights at a nearby intersection, did not infringe on the public right-of-way, when the space provided by the bridge for the public right-of-way adequately allowed for the safe and unimpeded flow of traffic thereunder and the traffic lights were not part of the bridge's structure. City of Fairburn v. Cook, 188 Ga. App. 58, 372 S.E.2d 245, cert. denied, 188 Ga. App. 911, 372 S.E.2d 245 (1988).

OPINIONS OF THE ATTORNEY GENERAL

Authority to issue license for rail line.

- Department of Transportation has authority to issue a revocable license to a company constructing and operating a rapid rail passenger service line to cross the rights-of-way of several state routes so long as consideration is received which represents a substantial benefit to the public. 1995 Op. Att'y Gen. No. 95-45.

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 31.

C.J.S.

- 40 C.J.S., Highways, § 335 et seq.

ALR.

- Constitutionality of statute or ordinance imposing upon abutting owners or occupants duty in respect of care or condition of street or highway, 58 A.L.R. 215.

Municipality's power to permit private owner to construct building or structure overhanging or crossing the air space above public street or sidewalk, 76 A.L.R.2d 896.

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

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.

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