All of the provisions of this title regarding the incorporation, control, and management of railroad companies in general shall also apply to interurban, suburban, and street railroad companies, insofar as such provisions are applicable and appropriate thereto. Any group of at least ten persons who desire to be incorporated as an interurban, suburban, or street railroad company may form a corporation in the same manner as provided for the formation of other railroad companies, with the additional requirement that they shall in their petition specify in what cities, and in what streets thereof, they propose to construct and build the railroad, provided that no street railroad or interurban railroad incorporated under this chapter shall be constructed within the limits of any incorporated city without the consent of the corporate authorities; provided, further, that all railroad companies incorporated under this chapter shall be subject to all just and reasonable rules and regulations by the corporate authorities and shall be liable for all assessments and other lawful burdens that may be imposed upon them with reference to the railroad or the portion thereof located within the limits of the municipal corporation; provided, further, that only such powers and franchises as are conferred on other railroad companies by this title shall belong to interurban, suburban, or street railroad companies, as shall be necessary and appropriate thereto, and such other provisions of this title as apply to other railroads located outside of urban or suburban areas shall apply to interurban, suburban, and street railroad companies insofar as that portion of their roads is concerned.
(Ga. L. 1894, p. 69, § 1; Civil Code 1895, § 2180; Ga. L. 1903, p. 38, § 1; Civil Code 1910, § 2600; Ga. L. 1916, p. 44, § 1; Ga. L. 1921, p. 107, § 1; Code 1933, § 94-1002; Ga. L. 2017, p. 774, § 46/HB 323.)
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, deleted "; provided, further, that nothing in Code Section 46-8-127, which provides that the general direction and location of railroads sought to be constructed in this state shall be ten miles from a railroad constructed or laid out and selected to be constructed, shall be applicable to street, suburban, or interurban railways, or the selection of the route or the construction of the same" following "is concerned" in the last sentence.
RESEARCH REFERENCES
Am. Jur. 2d.
- 65 Am. Jur. 2d, Railroads, § 2.
C.J.S.- 74 C.J.S., Railroads, § 1 et seq.
ALR.
- Liability of interurban road for killing or injuring livestock running at large, 2 A.L.R. 98; 25 A.L.R. 1506.
Grant of perpetual franchise to public service corporation, 2 A.L.R. 1105.
Carrying freight on electric railway in street or highway as an additional servitude, 2 A.L.R. 1404; 46 A.L.R. 1472.
Assessment of parkway occupied by street railway company for street improvement, 10 A.L.R. 164.
Paving ordinance as impairment of obligation of street railway franchise, 10 A.L.R. 897.
Construction of provision of statute, ordinance, or franchise relating to "repair" of street railway zone, 10 A.L.R. 928.
Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.
Franchise or permit for transportation on street or highway as including transportation of freight or express, 76 A.L.R. 1186.