§ 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 six months after the receipt of such notice he may proceed to have damages assessed against all the landowners who habitually use the private way. History. Orig. Code 1863, § 702; […]
§ 44-9-54. Establishment of Private Way by Prescription
Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way. History. Ga. L. 1872, p. 60, § 1; Code 1873, § 737; Code 1882, § 737; […]
§ 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 private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months’ knowledge of such facts without moving for damages. History. Orig. […]
§ 44-9-40. Authority of Superior Court to Grant Private Ways; Filing of Petition as Declaration of Necessity; When Proceeding Enjoined
The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of business. Private ways shall not exceed 20 feet in width and may be as much less as the applicant may choose or as the court may find to be reasonably necessary. They […]
§ 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 direction of the private way and the nature of any improvements through which the private way will go. There shall be attached to the petition or incorporated therein a plat showing […]
§ 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 way; and the selection of a board of assessors shall be in the way and manner provided for by Part 3 of Article 1 of Chapter 2 of Title 22. History. […]
§ 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 in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why […]
§ 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 such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22. History. Code 1933, § 83-105, enacted by […]
§ 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 private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of […]
§ 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; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an […]