§ 22-3-63. Authority to Condemn Property for Purpose of Constructing a Waterworks, Water Distribution System, Sewage Collection System, or Sewage Treatment and Disposal System

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:

1. Is privately owned and is operated under the collective management and control of the owners;
2. Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;
3. Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and
4. On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers

   shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance.

History. Code 1981, § 22-3-63 , enacted by Ga. L. 2000, p. 1514, § 2; Ga. L. 2006, p. 39, § 16/HB 1313.

Cross references.

Acquisition and construction of water and sewage systems, § 36-34-5 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, “May 1, 2000,” was substituted for “the effective date of this Code section” in paragraph (4).

Editor’s notes.

Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’ ”

Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.

Law reviews.

For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 157 (2006).