09 LC 38
0835
House
Bill 609
By:
Representatives Sinkfield of the
60th,
Teilhet of the
40th,
Wix of the
33rd,
Shipp of the
58th,
and Brooks of the
63rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 9 of Title 44 of the Official Code of Georgia
Annotated, relating to private ways, so as to provide that the superior court
may grant a private way of up to 30 feet under certain conditions; to provide
for an effective date; to provide for retroactive application; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 9 of Title 44 of the Official Code of Georgia Annotated, relating
to private ways, is amended by revising Code Section 44-9-40, relating to the
authority of the superior court to grant private ways, as follows:
"44-9-40.
(a)
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 shall be kept
open and in repair by the person on whose application they are established or
his or
her successor in title.
(b)
When any person or corporation of this state owns real estate or any interest
therein to which the person or corporation has no means of access, ingress, and
egress and when a means of ingress, egress, and access may be had over and
across the lands of any private person or corporation, such person or
corporation may file
his or
its
a
petition in the superior court of the county having jurisdiction; said petition
shall allege such facts and shall pray for a judgment condemning an easement of
access, ingress, and egress not to exceed
20
30
feet in width over and across the property of the private person or corporation.
The filing of the petition shall be deemed to be the declaration of necessity;
however, where it appears that the condemnor owns a right of access, ingress,
and egress to his
or
her property over another route or owns an
easement to a right of private way over another route, which right or easement
is not less than
20
30
feet in width and which alternate route affords such person or corporation a
reasonable means of access, ingress, and egress, or where the judge shall find
that the exercise of such right of condemnation by the condemnor is otherwise
unreasonable, the judge of the superior court is authorized under such
circumstances to find that the condemnation and the declaration of necessity
constitute an abuse of discretion and to enjoin the proceeding.
When providing
for an easement pursuant to this subsection where an existing curb cut or
driveway already exists on the property providing the easement, such easement
shall be established by the dimensions of the existing curb cut or driveway,
provided that such curb cut or driveway has a minimum width of 30
feet.
SECTION
2.
This
Act shall become effective July 1, 2009, and shall be applicable to all
easements granted pursuant to Code Section 44-9-40 during the 18 months prior to
the effective date of this Act.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.