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What is the right of way for railroad easements in Georgia?

What is the right of way for railroad easements in Georgia?

Q: How many feet is the right-of-way in Georgia?

In Georgia, the right-of-way width can vary significantly based on the type of road or railway. For railroads, the maximum right-of-way width is typically 200 feet, as specified in Georgia law (O.C.G.A. § 46-8-100). For highways, it can range from 50 to 200 feet or more, depending on the road's classification and purpose.

Q: How wide is a railroad easement?

In Georgia, a railroad easement typically has a maximum width of 200 feet. This width includes the area needed for the tracks, cuttings, embankments, and any necessary material extraction. It's important to consult legal resources or professionals for specific cases, especially if you have property near a railroad easement.

Full question:

What is the legal right of way for railroad track easements in the state of Georgia? I have heard that it is now 500 feet which would take almost all of my land; is this correct?

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: Georgia

Answer:

In Georgia, railroad companies have specific powers regarding land use for their tracks. According to Georgia law (O.C.G.A. § 46-8-100), a railroad can:

Conduct surveys and enter private land for examination, with compensation for any damages.
Acquire land through purchase, voluntary grants, or condemnation for construction and maintenance of the railroad.
Establish a right of way not exceeding two hundred feet in width, which includes land for cuttings, embankments, and material extraction.
Cross roads, highways, or other railroads, ensuring that crossings do not interfere with existing operations.

While there may be discussions about a 500-foot right of way, the law explicitly states a maximum width of two hundred feet for the railroad's right of way. You should consult with a legal professional for specific advice regarding your property and any potential impact from nearby railroad easements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How many feet off the road does the state own in GA?

In Georgia, the state typically owns a right-of-way that varies depending on the type of road. For highways, the right-of-way can range from 50 to 200 feet or more, depending on the specific road and its design. This area is used for road maintenance, utilities, and other public needs. It's important to check local regulations for precise measurements related to specific roads.

How many feet is the right-of-way in Georgia?

How wide is a railroad easement?

What are the rules for right of way in Georgia?

In Georgia, the rules for right-of-way include provisions that allow railroads to survey and enter private land for examination, acquire land through purchase or condemnation, and establish a maximum right-of-way width of 200 feet for their operations. These regulations ensure that railroads can operate efficiently while respecting property rights. For specific situations, consulting a legal professional is advisable.

How many feet is a railroad right-of-way?

In Georgia, the railroad right-of-way is limited to a maximum width of 200 feet, as outlined in Georgia law (O.C.G.A. § 46-8-100). This area encompasses the space needed for the tracks, maintenance, and safety measures related to railroad operations. If you have concerns about specific easements, it's best to seek legal advice.