Daniel v. Amicalola Elec. Membership Corp.

O.C.G.A. § 46-3-204's one-year statute of limitation is rationally related to the legitimate government interest of encouraging widespread growth of public utility service in Georgia.

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The trial court entered summary judgment against appellants Margaret and Buddie Daniel on their claims for trespass, conversion, and declaratory judgment against the Amicalola Electric Membership Corporation AEMC. We affirm the trial court’s rejection of the Daniels’ constitutional challenges to the one-year statute of limitation contained in OCGA § 46-3-204. We then affirm in part and reverse in part the grant of summary judgment because issues of material fact remain regarding the existence of a valid prescriptive easement and the Daniels’ trespass and conversion claims based on AEMC’s 2008 actions are not barred by § 46-3-204. 1. Viewed in the light most favorable to the Daniels as the party opposing summary judgment, the evidence in the record shows the following. In 2006, the Daniels bought a house and 26.28 acres of land in rural Pickens County. AEMC had long ago run utility lines through a wooded area far from the house but had taken them out of service at least 15 years earlier. The Daniels’ title search showed no recorded easements, and they found no evidence of a utility easement during their thorough pre-closing physical inspection of the property. Neither the Daniels nor their immediate predecessors had actual knowledge of the old utility lines.

On April 6, 2007, the Daniels discovered that AEMC had entered the property and clear-cut a swath 750 feet long by 40 feet wide through the forest. AEMC used chainsaws to remove over 40 trees, including some that had been there for at least 25 years, and substantially damaged a natural spring and a creek bank. The clear-cutting exposed a single standing utility pole with unconnected wires dangling from it and a second utility pole rotting on the ground. There were no live wires.

Daniel v. Amicalola Elec. Membership Corp.

O.C.G.A. § 46-3-204's one-year statute of limitation is rationally related to the legitimate government interest of encouraging widespread growth of public utility service in Georgia.

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