Ga. Comp. R. & Regs. 515-16-16-.02

Current through Rules and Regulations filed through October 17, 2024
Rule 515-16-16-.02 - Procedure for Rail Condemnation Petitions

Upon receipt of a petition filed by a railroad company with the Commission seeking approval of proposed condemnation, (with proof of service of the same upon the property owner whose property is being condemned and upon the Consumer's Utilities Counsel of the Governor's Office of Consumer Affairs), the Commission will assign such petition to a hearing officer for hearing pursuant to O.C.G.A. § 46-2-58. If the hearing officer cannot assist the parties in mediating a purchase agreement for such property proposed for condemnation within forty-five (45) days after the filing of such petition, then the hearing officer will set the matter down for hearing to determine if there is a legitimate public purpose for the proposed condemnation. Within thirty (30) days after the close of the record in such hearing, the hearing officer will render a recommended decision or initial decision, from which any party can seek reconsideration before the full Commission.

Ga. Comp. R. & Regs. R. 515-16-16-.02

Authority O.C.G.A. Secs. 46-2-58, 46-8-120, 46-8-121, 46-8-12346-8-124.

Original Rule entitled "Procedure for Rail Condemnation Petitions" adopted. F. June 10, 2008; eff. June 30, 2008.