Title 32, Chapter 6, Section 170
( 32-6-170)
(a) The department is authorized to pay or participate in the
payment of the costs of removing and relocating any of the following
facilities or any component part thereof if they are owned by a
municipal corporation, county, state agency, or by an authority
created under the laws of Georgia pertaining to public utilities,
without regard to whether such facilities were originally installed
upon rights of way of the state highway system or a county road
system or a municipal street system, where such removal and
relocation is made necessary by the construction or maintenance of
any public road by the department: water distribution and sanitary
sewer facilities and systems for producing, transmitting, or
distributing communications, power, electricity, light, heat, gas,
steam, waste, and storm water not connected with highway drainage,
including fire and police signals, traffic-control devices, and
street lighting systems. (b) As to municipal corporations, counties, state agencies, and
authorities controlled by such municipal corporations, counties, or
other state agencies, the department is authorized to waive
provisions in existing permits and agreements in conflict with this
article. (c) The costs of removing and relocating the facilities listed in
subsection (a) of this Code section, which costs the department is
authorized to pay or participate in by this Code section, shall be
limited to the costs of removing and relocating those facilities
which are physically in place and in conflict with proposed
construction and, where replacement is necessary, to the costs of
replacement in kind. That proportion of the costs representing
improvement or betterment in a facility shall be excluded from the
costs eligible for payment or participation by the department under
this Code section, except to the extent that such improvement or
betterment is made necessary by the public road construction or
maintenance. (d) All costs incurred by the department under this Code section
shall be deemed to be a part of the costs of the project requiring
removal and relocation of any of the facilities listed in subsection
(a) of this Code section. |