House Bill 430

Chair's Name: Wendell Willard

Committee: Judiciary

House Sponsor: David Ralston

HB 430 protects the property rights of railroad companies against adverse possession, corporeal rights, and private ways in situations where there have been no formal abandonment proceedings, the track is still in place, and the company has made a decision not to restore operations.  In any action attempting to establish a right, title, or interest in a railroad right of way, it will presumed that the occupancy of the land was with the railroad�s permission unless there was actual written notice to the railroad company stating a claimed right.

The committee substitute received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor under the Modified Open Rule. 

Chairman Willard�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

This legislation preserves the property rights of railroad corporations and companies in the State of Georgia.  Railroads have a significant amount of land to monitor in the state.  This legislation will protect its property from adverse possession.  Furthermore, this legislation will bring clarity to railroad property disputes by making the official reference the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of 1913.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

The uncertainty of railroad right-of-ways in Georgia.

THIS LEGISLATION:

• Reduces the Tax Burden on our Citizens:

This bill will bring more certainty to disputes involving railroad right-of-ways and therefore reduce the burden on our courts.