Title 32 — Title 32

This title shall be known as the ‘‘Georgia Code of Public Transportation.’’ History. — Code 1933, § 95A-101, enacted by Ga. L. 1973, p. 947, § 1. 32-1-2. Purpose and legislative intent.

(a) Any person who violates any of the provisions of this title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this title to be unlawful, or who violates any of the rules and regulations issued under authority of …

This title shall be construed liberally to effectuate its purposes. 14 History. — Code 1933, § 95A-103, enacted by Ga. L. 1973, p. 947, § 1.

The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia. The legislative intent is to provide an effective legal basis for the organization, administration, and o…

As used in this title, the term: (1) ‘‘Abandon’’ means to close permanently to public travel or to relinquish jurisdiction of a preexisting public road by official action as required by Chapter 7 of this title, thereby foreclosing the duty of future maintenance on such preexistin…

Nothing in Code Sections 32-1-4 and 32-1-5 shall limit any statutory or common-law right of the state to punish any person or corporation for the violation of any provision of any law. History. — Ga. L. 1980, p. 590, § 3. 32-1-7. Disbursement of fines and forfeitures.

Reserved. Repealed by Ga. L. 2000, p. 951, § 2-1, effective July, 1, 2001. Editor’s notes. — Ga. L. 2000, p. 951, § 2-1, provided for the repeal of this Code section. Section 13-1 of that Act, not codified by the General Assembly, provides that the Act becomes fully effective Jul…

It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road. History.…

It shall be the duty of all state and local law enforcement officers to enforce any provision of this title which states that any act or omission is unlawful. History. — Code 1933, § 95A-1103, enacted by Ga. L. 1973, p. 947, § 1. 32-1-10. Penalty.

The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such sub…

(a) The powers and duties of the department, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) The department shall plan, designate, improve, manage, control, construct, and maintain a state highway system and shall have control of …

The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to: (1) D…

In order to provide information in the specific interest of the traveling public, the department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas and to establish information centers at safe…

(a) Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shal…

(a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He or she shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, pow…

(a) On or before October 15, 2009, the director shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, deta…

(a) The commissioner shall develop and publish in print or electronically benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each stage of a construction project, including preliminary engineering and design, …

(a) There shall be a director of planning appointed by the Governor subject to approval by a majority vote of both the House Transportation Committee and the Senate Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed a…

(a) The department shall have the authority to bring actions; and it may be sued in such actions as are permitted by law. In addition, the 37 32-2-5 HIGHWAYS, BRIDGES, AND FERRIES 32-2-5 department may adjust and make settlement of any and all claims presented to it under oath. (…

(a) The department is expressly prohibited from making or contracting any debts or entering into any contract for which it does not have sufficient funds appropriated at the time of making said debt or entering into said contract to enable it to meet such debt or such contract ob…

(a) On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the fi…

In order to establish a list of reliable persons qualified to bid on a department contract or to subcontract with such persons and to ensure that the contract may be awarded to the lowest reliable bidder, the department may adopt and publish in print or electronically uniform and…

A bidder shall be required to pay to the department a reasonable sum sufficient to cover the cost to the department of copies of the bid proposal form of the department, the standard specifications of the department, and the plans of the contract if such plans are required becaus…

(a) No bid will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessa…

(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, …

(a) As used in this Code section, the term ‘‘external violence, accident, or injury’’ means any act of violence, an accident, or an injury that is caused by a person other than: (1) One who is an employee of the department; or (2) One who is an employee of a contractor or subcont…

Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives: (1) The performance and payment bonds in accordance with Chapter 10 of Title 13; and (2) Such other bonds or insurance policies required by the depa…

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding. History. — Code 1933, § 95A-81…

The department shall be authorized to execute supplemental agreements to the original contract covering changes or revised or new unit prices and items and supplementing the original contract not to exceed a 20 percent increase in cost of the project and to execute extension agre…

As used in this Code section and Code Sections 32-2-79 and 32-2-80, the term: (1) ‘‘Participating local governing authority’’ includes the governing authority of any county or municipality whose geographical jurisdiction includes the project. (2) ‘‘Project’’ means a project which…

(a) The staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those projects on the state-wide transportation improvement program or otherwise identified that afford the greatest gains in congestion mitigation or promotion of …

The Department of Transportation shall fly the POW-MIA flag year-round at each of the rest areas along interstate highways in this state. The department is authorized to place a plaque at each rest area to indicate Georgia’s appreciation of the sacrifices of prisoners of war and …

Department of Transp., 171 Ga. App. 154, 319 S.E.2d 58 (1984). Failure to allow impeachment of state appraiser warrants new trial. — Condemnees were entitled to a new trial 32-3-7 in a Georgia Department of Transportation (DOT) condemnation proceeding; the trial court erred in re…

(a) An appeal having been filed as provided in Code Section 32-3-14, the appellant or appellants, at any time before the beginning of the trial of the issue formed on such appeal, but not later than 90 days after the date of service as provided in Code Sections 32-3-8 and 32-3-9,…

No appeal in any cause under this article and no bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor, subject, however, to the power of the court as provided in Code Section 32-3-20. History. — Code 1933, § 95A-615, enac…

(a) The verdict of the jury shall have respect to the lands described in the declaration of taking as set forth in Code Section 32-3-6, or such interest therein as may be described in said declaration, or to any separate claim against the property or interest therein as may be or…

In cases involving condemnation of private property for public road purposes or any other public transportation purpose, this article shall be supplementary to and cumulative of the methods of procedure for condemnation of private property prescribed in Chapter 2 of Title 22. His…

The authority delegated by this article to the department to acquire rights of way and easements for federal parkways shall be the same authority as hereinbefore provided by law for the acquisition of rights of way for present or future public road or other transportation purpose…

The department may acquire scenic easements; and these may be included as part of the rights of way to be acquired by the department for federal parkways in those cases mutually acceptable to the department and the United States government or its appropriate agency. History. — Ga…

(a) The lands and interest in lands to be acquired in fee simple for federal parkway rights of way shall average not more than 125 acres per mile plus not more than 25 acres per mile in scenic easements; and in no case shall the width of the fee simple rights of way for federal p…

The acquisition of rights of way by the department for federal parkways shall permit no reservations or interests of access for private roads connecting to or crossing the federal parkways; and the department shall acquire, as part of the rights of way for federal parkways, the r…

(a) When areas of land or interests in land have been tentatively designated by the United States government to be included within federal parkways but the final survey and plans necessary for the construction of federal parkways as provided by law have not yet been made, no pers…

(a) No advertisement or advertising structure shall be erected, constructed, installed, maintained, or operated within 500 feet of the boundary of any federal parkway rights of way acquired by the department under this article except as follows: (1) Advertisements which are secur…

(a) Whenever any state agency, county, or municipality desires to take or damage private property, including scenic easements, air rights, rights of access, and other interests in land for public road purposes or for any other public transportation purposes and shall find or beli…

(a) The petition referred to in Code Section 32-3-4 shall set forth: (1) The facts showing the right to condemn; (2) The property or interests to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so…

(a) In addition to the petition filed pursuant to Code Section 32-3-4, the petitioner shall also file with the court a declaration of taking signed by: (1) The commissioner or the deputy commissioner of the Department of Transportation if the petitioner is seeking to acquire prop…

(a) Upon the filing of the petition and declaration, where the owner or owners of the property sought to be condemned or any person having a claim against or interest in the same are residents of this state, the petition and declaration shall be served upon such persons personall…

(a) If a nonresident of this state owns the property condemned or any interest therein, whether such interest is as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of simila…

For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this Code section: (1) State highway system. The state highway system shall consist of those public roads…

(a) A contract with a state agency is subject to those limitations of subparagraph (d)(1)(A) and paragraph (2) of subsection (d) of Code Section 32-2-61. (b)(1) A municipality may contract with any county in which part of the municipality lies for the construction and maintenance…