Any person, firm, corporation, company of persons, or corporation chartered under the laws of any state of the United States who is actually engaged in the business of mining iron, copper, gold, coal, or any other metal or mineral; quarrying marble, granite, or any other stone; or making copperas, sulphur, saltpeter, alum, or other similar articles and who needs a right of way for a railroad, turnpike, or roadway; an easement for pipelines or power lines; or a common road across the lands of others in order to operate his business successfully may obtain a right of way in the manner provided in this article for acquiring the right to convey water across the lands of others by the owners of mines. All proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22.
(Ga. L. 1862-63, p. 171, § 1; Code 1868, § 772; Code 1873, § 742; Code 1882, § 742; Ga. L. 1887, p. 35, § 2; Civil Code 1895, § 650; Ga. L. 1904, p. 51, § 1; Civil Code 1910, § 795; Code 1933, § 83-201; Ga. L. 1952, p. 38, § 1.)
Cross references.- Mining and drilling generally, § 12-4-20 et seq.
JUDICIAL DECISIONS
O.C.G.A. Art. 4, Ch. 9, T. 44 is a constitutional exercise of legislative authority. Jones & Co. v. Venable, 120 Ga. 1, 47 S.E. 549, 1 Ann. Cas. 185 (1904).
O.C.G.A. § 44-9-70's "necessity" standard, which is based upon the successful operation of the applicant's business, is a valid exercise of the General Assembly's state constitutional authority with respect to the declaration of private ways of necessity. Benton v. Georgia Marble Co., 258 Ga. 58, 365 S.E.2d 413 (1988).
O.C.G.A. § 44-9-70 does not constitute a delegation of the state's power of eminent domain with respect to property to be condemned for a public purpose. Benton v. Georgia Marble Co., 258 Ga. 58, 365 S.E.2d 413 (1988).
O.C.G.A. Art. 4, Ch. 9, T. 44 applies only to corporations chartered within this state. Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co., 119 Ga. 354, 46 S.E. 422, 100 Am. St. R. 174 (1904).