Title 32, Chapter 3, Section 1
( 32-3-1)
(a) Any property may be acquired in fee simple or in any lesser
interest, including scenic easements, airspace, and rights of
access, by a state agency or a county or municipality through gift,
devise, exchange, purchase, prescription, dedication, eminent
domain, or any other manner provided by law for present or future
public road or other transportation purposes. (b) Public road purposes shall include rights of way; detours;
bridges; bridge approaches; ferries; ferry landings; overpasses;
underpasses; viaducts; tunnels; fringe parking facilities; borrow
pits; offices; shops; depots; storage yards; buildings and other
necessary physical facilities of all types; roadside parks and
recreational areas; the growth of trees and shrubbery along rights
of way; scenic easements; construction for drainage, maintenance,
safety, or esthetic purposes; the elimination of encroachments,
private or public crossings, or intersections; the establishment of
limited-access public roads; the relocation of utilities; and any
and all other purposes which may be reasonably related to the
development, growth, or enhancement of the public roads of Georgia. (c) Property or interests shall not be acquired for "future public
road purposes," as that term is used in this Code section, unless: (1) Construction will be commenced on the property to be acquired
within a period of not less than two years nor more than ten years
following the end of the fiscal year in which the secretary of
transportation of the United States approves an advance of all the
necessary funds to the department for the acquisition of rights of
way for such construction under authority of Title 23, Section
108, United States Code, as amended; and (2) The intended acquisition is part of a specific plan of highway
development, and the acquisition will assist in accomplishing one
or more of the following: (A) A substantial monetary savings; (B) The enhancement of the integration of highways with public
or private urban redevelopment; or (C) The forestalling of the physical or functional obsolescence
of highways. (d) In the process of acquiring property or interests for any public
road purpose, an entire lot, block, or tract of land may be acquired
if by so doing the interest of the public will be best served. |