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Right-Of-Way

Right-of-way is property required for public use of roads, sidewalks and utilities. Public Works staff provides the following right-of-way services:

  • Managing right-of-way and easement acquisition as part of the Capital Improvement Program
  • Coordinating right-of-way dedications
  • Coordinating requests for right-of-way abandonments

Right-of-Way dedication

Right-of-Way dedication is defined as the obtaining of real property at no cost for the purposes of improvement to or construction of the roadway network of the City of Milton. Right-of-way is typically dedicated to the city as part of the development process and/or as stipulated in the conditions of zoning for a property.

The dedication of right-of-way is governed by the Official Code of Georgia Annotated, Title 22, 32 and 36. Dedications are also subject to the City of Milton Code of Ordinances.

Right-of-Way dedications are to be provided on the Milton Right-of-Way Dedication Form.

Right-of-Way Abandonment

Abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question:

  • That no substantial public purpose is served by it
  • That its removal from the municipal street system is in the best public interest

The City of Milton Code of Ordinances Chapter 48 – Streets, Sidewalks and Other Public Places, Article III – Right-of-Way Management, Division 2 – Acceptance and Abandonment Policy, Sec. 48-168 – Methods, (a) – Roadway Abandonment (updated Sept. 19, 2011) includes the policy for legal compliance, procedure, privatization and hearing process for the abandonment of public right-of-way. Click here to see the updated ordinance.

The following documents are provided as a guide for complying with the City of Milton’s Right-of-Way Abandonment Policy:

Right-of-Way Abandonment Process
Right-of-Way Abandonment Policy and Procedures

Appendix A - Application Form
Appendix B - Sample Notification Letter
Appendix C - Formal Petition