Exercise of power of eminent domain by telephone and telegraph companies; placement of posts and other fixtures; regulation of construction of fixtures, posts, and wires near railroad tracks; liabilit

(a) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines upon, under, along, and over the public highways of this state, with the approval of the county or municipal authorities in charge of such highways. Upon making due compensation, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (b) Whenever a telegraph or telephone company exercises its powers under subsection (a) of this Code section, the posts, arms, insulators, and other fixtures of its lines must be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public highways, or with the convenience of any landowners, more than may be Page: 434 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:19 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBLIC UTILITIES, ETC. unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of the railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (Ga. L. 1873, p. 69, § 2; Code 1873, § 3023; Code 1882, § 3023; Ga. L. 1889, p. 141, §§ 1, 2; Civil Code 1895, §§ 2346, 2347; Ga. L. 1905, p. 79, § 1; Civil Code 1910, §§ 2810, 2811; Code 1933, §§ 104-204, 104-205.)