Clayton County v. Georgia Power Company
340 Ga. App. 60
| Ga. Ct. App. | 2017Background
- Georgia Power installed and continuously maintained electrical poles and lines by 1955 on preexisting private easements along Panola and Stagecoach Roads in Clayton County.
- In the 1950s the Georgia Rural Roads Authority obtained an 80-foot right-of-way along those roads and later conveyed rights to Clayton County.
- In 2012 Clayton County condemned part of the easement area for the Panola Road widening project and required Georgia Power to relocate poles and lines.
- Georgia Power sued for just and adequate compensation for taking its private easements and relocation costs; County argued a 1929 franchise agreement required Georgia Power to pay relocation costs.
- The trial court held the 1929 franchise did not apply to lines erected under private easements and awarded compensation to Georgia Power for the taking and relocation costs; County appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1929 franchise agreement requires Georgia Power to pay relocation costs for lines originally on private easements when county widens a road | Franchise §3(b) is unqualified and applies whenever County changes grade or width of a County-owned road, so Georgia Power must pay relocation costs | The franchise covers only lines erected on public roads with County approval/supervision; lines on preexisting private easements are outside the agreement and deserve compensation if taken | The franchise is read in context; §3(b) refers to lines erected under §3(a) (with County approval). Franchise does not cover lines on private easements; Georgia Power entitled to compensation for taking and relocation costs |
Key Cases Cited
- Bibb County v. Ga. Power Co., 241 Ga. App. 131 (1999) (county may require relocation but cannot substantially impair private easement without paying compensation)
- City of Summerville v. Ga. Power Co., 205 Ga. 843 (1949) (general discussion of municipal authority to grant franchises to public service corporations)
- Unified Govt. of Athens-Clarke County v. Stiles Apartments, Inc., 295 Ga. 829 (2014) (contract construction is question of law; de novo review)
- Shepherd v. Greer, Klosic & Daugherty, 325 Ga. App. 188 (2013) (whole contract construed to give effect to every part)