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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 36. LOCAL GOVERNMENT |
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Provisions PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY |
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Chapter 39. STREET IMPROVEMENTS |
| § 36-39-1. Definitions |
| § 36-39-2. Adoption of chapter; election; effect of adoption of chapter generally |
| § 36-39-3. Procedure for improvements; adoption and publication of resolution; filing of petition by landowners; objections to improvements |
| § 36-39-4. Basis of assessments for improvements; municipal corporation owner of intersecting streets fronting improvement; payment of assessments on frontage |
| § 36-39-5. Improvements when county owns abutting property |
| § 36-39-6. Paving by railroad having tracks in street |
| § 36-39-7. Payment for street improvements and construction of water, gas, and sewer connections; payment of costs of connections |
| § 36-39-8. Resolution letting contract for improvements following time for protests or filing of petition |
| § 36-39-9. Work performed by municipal corporation; property owners' objections to performance of work by municipal corporation |
| § 36-39-10. Publication and contents of notice of contract proposals |
| § 36-39-11. Examination of bids and award of contract; readvertisement for bids |
| § 36-39-12. Appointment of board of appraisers to appraise and apportion cost |
| § 36-39-13. Filing of board of appraisers' report |
| § 36-39-14. Hearing upon board of appraisers' report; review of report and objections; ordinance fixing assessments; taxation of interest |
| § 36-39-15. Time and manner of payment of assessments generally |
| § 36-39-16. Payment of assessment in installments |
| § 36-39-17. Assessments where portion of costs paid by municipal corporation |
| § 36-39-18. Additional assessments |
| § 36-39-19. Publication and contents of notice of due date of assessment; effect of failure to publish notice |
| § 36-39-20. Lien for assessment and interest |
| § 36-39-21. Execution, levy, and sale on unpaid assessments or interest generally |
| § 36-39-22. Affidavit contesting amount of execution; trial by superior court; penalties for delay |
| § 36-39-23. Collection and use of assessments generally; special fund; treasurer's bond |
| § 36-39-24. Limitation period for contesting or enjoining assessments |
| § 36-39-25. Issuance of bonds; payment; interest; terms; form |
| § 36-39-26. Sale of bonds; delivery to contractors |
| § 36-39-27. Disposition of proceeds from bonds remaining after payment |
| § 36-39-28. Petition for validation of ordinance establishing assessments; time; contents |
| § 36-39-29. Order to show cause on petition; time and notice of hearing |
| § 36-39-30. Conduct of hearing; issuance of order by court |
| § 36-39-31. Appeal from judgment of court |
| § 36-39-32. Conclusiveness of superior court's final judgment |
| § 36-39-33. Entry of reference to judgment on bonds following validation; use of entry as evidence |
| § 36-39-34. Construction of chapter |
REFS & ANNOS
TITLE 36 Chapter 39 NOTE
CROSS REFERENCES. --Acquisition of property by counties, municipalities, or other governmental entities for transportation purposes generally, T. 32, C. 3. Powers of municipalities with respect to municipal street systems generally, § 32-4-90 et seq.
EDITOR'S NOTES. --Paragraph (11.1) of Ga. L. 1982, p. 3, § 36, effective November 1, 1982, repealed this chapter, but that repealer was in turn repealed by Ga. L. 1982, p. 502, § 2, effective November 1, 1982.
JUDICIAL DECISIONS
CONSTITUTIONALITY. --This chapter is not unconstitutional on the ground that it is in conflict with Ga. Const. 1976, Art. I, Sec. II, Para. VII (see, now, Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929) (see O.C.G.A. Ch. 39, T. 36).
THIS CHAPTER IS NOT UNCONSTITUTIONAL on the ground that it is general in its nature but not uniform in its operation, because it is made an alternative method of procedure, and its application is dependent upon its adoption by a favorable vote of the electors, whereas the Constitution does not contemplate the enactment of a law general in its nature, the application of which shall be optional with the municipality, either under a prior local law or a local law enacted subsequent to such general law. Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929) (see O.C.G.A. Ch. 39, T. 36).
RESEARCH REFERENCES
ALR. --Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 ALR4th 1197.
Legal aspects of speed bumps, 60 ALR4th 1249.
EDITOR'S NOTES. --Paragraph (11.1) of Ga. L. 1982, p. 3, § 36, effective November 1, 1982, repealed this chapter, but that repealer was in turn repealed by Ga. L. 1982, p. 502, § 2, effective November 1, 1982.
JUDICIAL DECISIONS
CONSTITUTIONALITY. --This chapter is not unconstitutional on the ground that it is in conflict with Ga. Const. 1976, Art. I, Sec. II, Para. VII (see, now, Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929) (see O.C.G.A. Ch. 39, T. 36).
THIS CHAPTER IS NOT UNCONSTITUTIONAL on the ground that it is general in its nature but not uniform in its operation, because it is made an alternative method of procedure, and its application is dependent upon its adoption by a favorable vote of the electors, whereas the Constitution does not contemplate the enactment of a law general in its nature, the application of which shall be optional with the municipality, either under a prior local law or a local law enacted subsequent to such general law. Wheat v. City of Bainbridge, 168 Ga. 479, 148 S.E. 332 (1929) (see O.C.G.A. Ch. 39, T. 36).
RESEARCH REFERENCES
ALR. --Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 ALR4th 1197.
Legal aspects of speed bumps, 60 ALR4th 1249.