Georgia Code, Title 44, Chapter 9, Article 3 - Private Ways

• § 44-9-40 - Authority of Superior Court to Grant Private Ways; Filing of Petition As Declaration of Necessity; When Proceeding Enjoined
  (a) The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of...
• § 44-9-41 - Contents of Petition; Manner of Service and Advertisement; Fees
  The petition shall describe the easement of private way sought to be condemned over the lands of another and shall state the distance and...
• § 44-9-42 - Selection of Assessors
  The petition for condemnation shall name an assessor to act on behalf of the person or corporation seeking to condemn the easement of private...
• § 44-9-43 - Show Cause Order; Selection of Assessors; Hearing Before Assessors
  Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for...
• § 44-9-44 - Appeals From Award of Assessors; Jury Trial
  Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and...
• § 44-9-45 - Maintenance of Private Way by Condemnor; Failure to Maintain As Abandonment
  Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the...
• § 44-9-46 - Determination of Amount of Compensation and Other Issues by Jury; Payment and Disposition of Damages
  The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury;...
• § 44-9-47 - Motions and Proceedings Subsequent to Judgment; Payment of Compensation; Nonpayment As Abandonment; Effect of Abandonment on Subsequent Application
  With respect to the judgment of the court in such case, any party may have all remedies provided by law, including a motion for...
• § 44-9-48 - Agreements Between Parties As to Payment of Compensation
  Code Section 44-9-47 shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon...
• § 44-9-49 - Establishment of Private Way by Agreement Between Parties
  Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The...
• § 44-9-50 - Recording of Private Way; Protection of Owner's Use
  When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the...
• § 44-9-51 - Establishment of Private Way by Several Landowners -- Duties and Privileges of Subsequent Vendees
  Several landowners may join together in opening a private way or in maintaining it after establishment or both. When this has been done and...
• § 44-9-52 - Establishment of Private Way by Several Landowners -- Apportionment of Work Among Landowners
  When several landowners join together in opening a private way, they may apportion the road work among themselves.
• § 44-9-53 - Establishment of Private Way Over Wild Lands Without Notice to Landowner; Assessment of Damages After Notice
  If a private way is established over the wild lands of a person who has no notice of the proceeding, at any time within...
• § 44-9-54 - Establishment of Private Way by Prescription -- Generally
  Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to...
• § 44-9-55 - Establishment of Private Way by Prescription -- When Owners Barred From Damages
  When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the...
• § 44-9-56 - Notice of Closing of Private Way After One Year's Use
  If a road has been used as a private way for as much as one year, the owner of the land over which it...
• § 44-9-57 - Limitation on Use of Private Ways for Specific Commercial Purposes
  (a) When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to...
• § 44-9-58 - Petition to Use Another's Landing
  When the applicant for a private way also desires to use another's landing, he must state this desire in his petition so that proper...
• § 44-9-59 - Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees
  (a) In the event the owner or owners of land over which a private way may pass or any other person obstructs, closes up,...
• § 44-9-60 - Conditions for Converting Private Ways Into Public Roads
  Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length...

Last modified: October 14, 2016