Title 32, Chapter 3, Section 3
(a) The department or any county or municipality is authorized to
accept donations, transfers, or devises of land from private
persons, from the federal government, or from other state agencies,
counties, or municipalities, provided that such land is suitable for
present or future public road purposes. Any property may be so
acquired in fee or any lesser interest, provided that the state
agency, county, or municipality thereby obtains an interest
sufficient to ensure reasonable protection of the public investment
which it may thereafter make in such land. The instrument which
conveys such property or interest shall be recorded in the county or
counties where such property or interest lies and, in the case of
property or interests acquired by the department, shall also be kept
in the records of the department.
(b) Any state agency, county, or municipality is authorized, for
public road purposes, to enter into agreements with other state
agencies, counties, or municipalities, with the federal government,
and with private persons for the exchange of real property or
interests therein for public road purposes. Such exchange shall not
be consummated unless the exchange serves the best interest of the
public and unless the property or interest to be acquired in
exchange is appraised as being of equal value to, or of greater
value than, the property or interest to be exchanged.
(c) Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more.
(d) Any state agency, county, or municipality may acquire rights of
way or other real property or interests therein by dedication,
provided that the property or interests are adequate for public road
purposes and serve the best interests of the public; provided,
further, that the agency, county, or municipality receives a
warranty deed, except where the property or interest is acquired
from a state or federal agency, a county, or a municipality, in
which case, where legally possible, a warranty deed shall be
received; but, if it is not legally possible to receive a warranty
deed, then a quitclaim deed shall be received.
(e) When a road is approved as part of the state highway system, it shall be the duty of the county or municipality through which the road will pass to assist the department in procuring the necessary rights of way as economically as possible; and all expenses thereof shall be paid as provided in Code Section 32-5-25, provided that, whenever the county or municipality acquires property or interests for the department, title to such property or interest may be acquired in the name of the department.