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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

842 sections·Filtered byTitle 46✕

O.C.G.A. § 46-8-42 Certificate of incorporation; duration of corporate existence; fee for issuance of certificate
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(a) When the petition has been filed with the Secretary of State, he shall issue to the company under the great seal of the state the following form of certificate: To all to whom these presents may come — Greetings: Whereas, In pursuance of an Act of the General Assembly of the …
O.C.G.A. § 46-8-43 Duties of Secretary of State prior to issuance of certificate of incorporation; certificate or duplicate thereof as evidence of existence of corporation and compliance with chapter
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Before the Secretary of State issues a certificate of incorporation pursuant to Code Section 46-8-42, he shall satisfy himself that all of the requirements of this chapter have been substantially complied with prior to the filing of said petition. Any certificate or duplicate the…
O.C.G.A. § 46-8-44 Subscription to capital stock; par value of stock; subscription to all capital stock as prerequisite to beginning railroad construction
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(a) When the certificate of incorporation has been issued, the persons named therein, in case they have not subscribed to the entire capital stock, may open books of subscription to complete the subscription to the capital stock of the company, in such places and after giving suc…

Showing 601–650 of 842

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O.C.G.A. § 46-8-45 Payment of subscriptions; procedure by directors in case of default by subscriber

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(a) The directors may require the subscribers to the capital stock to pay the amounts variously subscribed by them, in such installments as they may deem proper; and the directors may receive cash or property, either real or personal, at the agreed value thereof, in payment of su…

O.C.G.A. § 46-8-46 Procedures regarding organizational meeting; qualifications of directors; selection of officers and agents; annual election of directors; filling of vacancies on board

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(a) When all of the capital stock has been subscribed to, the persons named in the certificate of incorporation or a majority of them are authorized to call a meeting of the stockholders for the purpose of organization, which meeting shall be held in the city in which the princip…

O.C.G.A. § 46-8-47 Determination of directors’ compensation; appointment of chairman and vice-presidents; time and place of board meetings; procedures regarding board meetings

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(a) The board of directors shall have the authority to fix the compensation of directors for services in any capacity unless otherwise provided in the charter or the bylaws. (b) The board of directors may select or appoint one of their number to be chairman of the board of direct…

O.C.G.A. § 46-8-48 Creation of executive committee and other committees; powers of committees; designation of alternate members of committees; committee action by majority vote

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(a) If the charter or the bylaws of a railroad company incorporated under the laws of this state so provide, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more oth…

O.C.G.A. § 46-8-49 Action by board or committee thereof or by shareholder or committee thereof by written consent of members without meeting

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(a) Unless otherwise provided by the charter or bylaws, any action required by this title to be taken by a railroad company at a meeting of the directors of the corporation, or any action which may be taken at a meeting of the directors or of a committee thereof, may be taken wit…

O.C.G.A. § 46-8-50 Combination of offices of corporation; election of officers by shareholders; terms of office; powers and duties of officers; authority of chairman or president as to legal proceedings

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(a) Any two or more offices provided for by Code Section 46-8-46 may be held by the same person, except the offices of president and secretary. (b) The charter granted to any railroad corporation under this chapter may provide that all officers or certain specified officers shall…

O.C.G.A. § 46-8-51 Indemnification of persons by railroad corporation; advance of expenses; insuring against liabilities; reports of payments to shareholders; provisions eliminating or limiting liability of director

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(a) A railroad corporation shall have power to indemnify persons, to advance expenses prior to final disposition, and to insure against liabilities and expenses of any proceeding to the full extent permitted by Code Sections 14-2-850 through 14-2-859; provided, however, that such…

O.C.G.A. § 46-8-52 Exemption of property of stockholders from debts or liabilities of corporation

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All property, whether real or personal, of any stockholder in this state shall be exempt from the debts or liabilities of a railroad corporation, provided that this exemption shall not operate as to the amount of the unpaid subscription of the stockholder to the capital stock of …

O.C.G.A. § 46-8-53 Procedure for issuing bonds or increasing capital stock

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In no case shall a railroad corporation issue bonds or increase its capital stock except by a vote of two-thirds of the capital stock of the corporation represented at an annual or special meeting of stockholders called for that purpose, and after each stockholder has been notifi…

O.C.G.A. § 46-8-55 Standard of care for directors and officers in discharge of duties; reliance upon financial information

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(a)(1) A director shall discharge his duties as a director, including his duties as a member of a committee: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a direc…

O.C.G.A. § 46-8-70 Application by railroad company that company surrender its franchises and cease performing as a common carrier; hearing before commission; effect of outstanding debts on company

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(a) Any railroad corporation chartered by the Secretary of State and owning and operating in this state any railroad, other than a street railroad, Page: 658 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:59:21 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN P…

O.C.G.A. § 46-8-71 Dissolution of railroad corporation generally

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A railroad corporation which is organized under the laws of this state and chartered by the Secretary of State and which has surrendered its franchises to the state in accordance with Code Section 46-8-70 or which has sold its property, rights, and franchises to another corporati…

O.C.G.A. § 46-8-72 Adoption of resolution for dissolution by board of directors; meeting of stockholders to consider resolution; filing of petition for dissolution with Secretary of State

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If the board of directors of a railroad corporation organized under the laws of this state deems it desirable that the corporation be dissolved, the board of directors may adopt a resolution to that effect and may call a meeting of the stockholders having voting powers to conside…

O.C.G.A. § 46-8-73 Contents of petition for dissolution; certification resolution recommending dissolution; attachment of resolution to petition; verification of petition; fee for filing petition

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(a) The petition for dissolution shall include: (1) The name of the corporation; (2) The date upon which its charter was granted; (3) A statement that it no longer is possessed of any franchises to operate in this or any other state; (4) A statement that all of its debts, liabili…

O.C.G.A. § 46-8-74 Advertisement of petition for dissolution

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When the petition for dissolution is filed, the Secretary of State shall certify one of the copies thereof and shall deliver the same to the corporation, which shall cause the certified copy to be published once a week for four weeks in the official organ of the county in which t…

O.C.G.A. § 46-8-75 Transfer of copy of petition from Secretary of State to commission

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Immediately upon the filing of the petition for dissolution, the Secretary of State shall transmit one copy thereof to the Public Service Commission for investigation. (Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 5; Ga. L. 1982, p. 3, § 46.)

O.C.G.A. § 46-8-76 Investigation by commission of proposed dissolution; issuance of certificate approving or disapproving application for dissolution; transfer of certificate; filing of duplicate certificate; effect of

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(a) Upon receipt of the copy of the petition for dissolution, the commission shall immediately investigate or cause an investigation to be made, and shall satisfy itself that: (1) The surrender of the franchise and charter and the dissolution of the corporation may be allowed wit…

O.C.G.A. § 46-8-77 Certification by judge of the probate court of the fact of advertisement of petition; filing of certificate with Secretary of State

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When the copy of the petition for dissolution has been published as required by Code Section 46-8-74, the corporation may apply to the judge of the probate court of the county in which its principal office is situated for certification of the fact of such publication, and the jud…

O.C.G.A. § 46-8-78 Order of Secretary of State accepting surrender of charter and franchises and dissolving corporation; recording of petition, certificate of approval, certificate of publication, and order by Secretary

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When the certificate of the judge of the probate court is filed with the Secretary of State pursuant to Code Section 46-8-77, and when the certificate of the Public Service Commission approving the application is likewise filed with the Secretary of State, the Secretary of State …

O.C.G.A. § 46-8-79 Effect of issuance of order of dissolution and payment of fees

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After the order of dissolution has been issued, and after all fees for filing and certificates have been paid, the corporation shall be dissolved and shall Page: 662 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:59:24 0000 42051-21 (QS) GA 04 RV34 -- 3…

O.C.G.A. § 46-8-80 Contracts between railroad companies for merger, consolidation, lease, or purchase for purposes of connecting the roads of the companies

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Any railroad company incorporated under this chapter shall have the power to make contracts with any other railroad company which has constructed or hereafter constructs any railroad within this state for the purpose of enabling the companies to run their roads in connection with…

O.C.G.A. § 46-8-81 Consolidation, merger, lease, or purchase of railroad companies whose roads form a continuous line; issuance of stocks and bonds by consolidated companies

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(a) Any railroad company incorporated under this chapter shall have authority to sell, lease, assign, or transfer its stock, property, and franchises to, or to consolidate the same with those of, any other railroad company which is incorporated under the laws of this or any other…

O.C.G.A. § 46-8-82 Forfeiture of powers, privileges, and certificate of incorporation for failure to construct and operate 15 miles of road within three years; extension of time for construction and operation of road

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All the powers and privileges and the certificate of incorporation of a railroad company shall be forfeited at the expiration of three years from the date of the certificate if at the expiration of those three years the company has not constructed and equipped the road, and is no…

O.C.G.A. § 46-8-100 General powers

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A railroad company organized and incorporated as provided in this chapter shall be empowered: (1) To cause such examinations and surveys to be made for the proposed railroad as shall be necessary for the selection of the most advantageous route, and, by its officers, agents, serv…

O.C.G.A. § 46-8-101 Contracts between railroad companies for common use of tracks within cities

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Any two or more chartered railroad companies whose lines terminate in the same city may contract to use within the corporate limits the same track in common, with or without common ownership. (Civil Code 1895, § 1865; Civil Code 1910, § 2229; Code 1933, § 94-312.)

O.C.G.A. § 46-8-102 Construction and operation of vessels by railroad companies

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Railroad companies may build and operate as part of their corporate property such number of vessels as they shall deem necessary to facilitate their business operations. (Ga. L. 1892, p. 37, § 13; Civil Code 1895, § 2174; Civil Code 1910, § 2592; Code 1933, § 94-313; Ga. L. 1982,…

O.C.G.A. § 46-8-104 Power of railroad companies to cross other railroads in order to reach minerals, timber, or other materials

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Any railroad company chartered by the General Assembly, and also any person or persons or any company owning or operating a public or private railroad in this state, shall, when necessary to reach minerals, timber, or other materials, have the right to cross any other railroad at…

O.C.G.A. § 46-8-105 Effect of adoption of Code Section 46-8-104 by railroad corporations not chartered by General Assembly

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Any public or private railroad availing itself of the privileges of Code Section 46-8-104 shall be subject to such restrictions, liabilities, and penalties as to crossings, and shall be governed by such rules as to crossings, as are provided by law for chartered railroads, provid…

O.C.G.A. § 46-8-106 Sale or lease of property, rights, and franchises of railroad corporation upon termination of prior lease; rights acquired by railroad corporation to whom sale or lease is made

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(a) If any railroad corporation organized under the laws of this state has prior to March 10, 1933, leased its property for a long term of years to another corporation, if that lease has terminated, and if the lessor is not a going concern or equipped to conduct the operations of…

O.C.G.A. § 46-8-107 Sale of railroad under trust deed, upon foreclosure of mortgage, or by judicial decree — Description of rights and privileges to be exercised and enjoyed by purchasers

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If any railroad or any part thereof, either completed or in course of construction, is sold under any trust deed, or upon the foreclosure of any mortgage thereon, or by any judicial sale, the parties acquiring title under such sale and their associates, successors, and assigns sh…

O.C.G.A. § 46-8-108 Reorganization of corporation by purchasers or their associates or assigns; procedure for creating liens

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(a) Any party making a purchase under Code Section 46-8-107, or his associates or assigns, may organize anew by filing a petition with the Secretary of State requesting to be substituted for the original petitioners and stockholders, with all their powers, rights, privileges, dut…

O.C.G.A. § 46-8-109 Exercise by railroad company of rights, franchises, and privileges in another state or in a territory of the United States

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A railroad company incorporated under this chapter may exercise all its rights, franchises, and privileges in any other state or territory of the United States, under and subject to the laws of the state or territory where it may exercise or attempt to exercise the same. A railro…

O.C.G.A. § 46-8-120 Powers of railroad companies generally

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(a) Any railroad company owning or operating a railroad in this state, whether such company is chartered under the laws of this state or under the laws of any other state, is authorized and empowered: (1) To reconstruct its lines or tracks, to build one or more additional main tr…

O.C.G.A. § 46-8-121 Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain

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Authority and power are granted to railroad companies to acquire by purchase or gift and to hold such real estate as may be necessary for all of the purposes mentioned in Code Section 46-8-120. If the real estate cannot be acquired by purchase or gift, then it may be acquired by …

O.C.G.A. § 46-8-122 Effect of Code Sections 46-8-120 and 46-8-121 on other powers and authority granted to railroad companies

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The powers and authority conferred by Code Sections 46-8-120 and 46-8-121 are in addition to the powers and authority which railroad companies may have by virtue of their charters or by virtue of the general laws of this state. (Ga. L. 1914, p. 144, § 3; Code 1933, § 94-323.)

O.C.G.A. § 46-8-123 Construction of extensions and branch roads generally

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(a) Any railroad company may extend its railroad from any point named in the petition for charter or may build branch roads from any point on its line of road. Before making any such extensions or building any such branch roads, the company shall, by resolution of its board of di…

O.C.G.A. § 46-8-124 Exercise of power of eminent domain by railroad corporations generally

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In the event a railroad company does not procure, by contract, lease, or purchase, the title to the lands, rights of way, or other property necessary for the construction or connection of the railroad and of such branches and extensions as are necessary or proper for the company …

O.C.G.A. § 46-8-125 Change of general direction and route of railroad

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(a) Any railroad company incorporated under this chapter shall have the power to change the general direction and route of its railroad from that stated in the original petition by a two-thirds’ vote of the capital stock of the corporation represented in person or by written prox…

O.C.G.A. § 46-8-126 Relocation of highways necessitated by construction of crossings

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In all cases where a railroad crosses a highway and the cutting makes a change in the route of any such highway or a change is desirable with a view to easier ascent or descent, the railroad company may take such additional lands for the construction of such highway upon a new ro…

O.C.G.A. § 46-8-127 Regulation of distance between tracks with the same terminal points

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In the selection of the general route for, and in the construction of, a railroad between termini, if another railroad has already been constructed or if the route for another railroad has been selected and the road chartered between the same termini, then the general direction a…

O.C.G.A. § 46-8-129 Construction and maintenance by and at expense of railroad company of cattle guards necessary to protect public roads or private ways crossed by railroad

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(a) Every railroad company shall be required to build and maintain, at its own expense, good and sufficient cattle guards on each side of every public road or private way and on the dividing line of adjoining landowners, at such points where the railroad may cross such public roa…

O.C.G.A. § 46-8-130 Liability of company to landowner for failure to build cattle guard pursuant to Code Section 46-8-129

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If the railroad company fails to build cattle guards pursuant to Code Section 46-8-129 within 30 days after notice, the company shall be liable to the owner of the land for all damages resulting from the failure so to build. For each day elapsing after the 30 day period has expir…

O.C.G.A. § 46-8-131 Construction of cattle guard and farm crossing by railroad company upon request of and at expense of owner of land crossed by railroad right of way

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Whenever the owner of any lands over which any railroad company has acquired a right of way desires cattle guards other than those provided for in Code Section 46-8-129, or desires any farm crossing on his land, it shall be the duty of the railroad company, upon written notice as…

O.C.G.A. § 46-8-132 Construction and applicability of Code Sections 46-8-129 through 46-8-131

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Nothing in Code Sections 46-8-129 through 46-8-131 shall be construed in any way to change the liability of railroad companies for damages to livestock, or to prevent landowners from joining their fences to stock gaps, or to prevent free access from and to the farm crossing. This…

O.C.G.A. § 46-8-133 Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles

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No railroad, railroad company, railway company, or person, firm, or corporation operating any line of railway in this state shall be required by the commission, or otherwise, to alter its tracks at any underpass, railroad trestle, or bridge; to alter the grade of any public road …

O.C.G.A. § 46-8-150 Qualifications of locomotive engineers

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(a) No railroad company operating trains in this state shall employ or allow in charge of any of its locomotives in this state, as a locomotive engineer (except locomotive engines used in yard service), any person who has not had at least three years’ actual experience as a firem…

O.C.G.A. § 46-8-151 Qualifications of railroad telegraph operators; maintenance of written record of certificate of competency

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(a) No railroad company shall employ in this state any telegraph operator to receive and transmit dispatches governing the movement of trains if such operator is less than 18 years of age, has not had at least one year’s experience as a telegraph operator, and has not stood a tho…