reglab/housing_qa huggingface dataset:
GA Code § 44-15-4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 15 - Uniform Prudent Management of Institutional Funds|§ 44-15-4. Management of Institutional Funds for Endowment

  Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:   The duration and preservation of the endowment fund;   The purposes of the institution and the endowment fund;   General economic conditions;   The possible effect of inflation or deflation;   The expected total return from income and the appreciation of investments;   Other resources of the institution; and   The investment policy of the institution.     To limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section, a gift instrument shall specifically state the limitation.   Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only income, interest, dividends, or rents, issues, or profits, or to preserve the principal intact, or other words of similar meaning shall:   Create an endowment fund of permanent duration, unless otherwise provided by the gift instrument for limiting the duration of such fund; and   Not otherwise limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section.       (Code 1981, §44-15-4, enacted by Ga. L. 2008, p. 149, § 1/HB 972.)
GA Code § 44-15-5 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 15 - Uniform Prudent Management of Institutional Funds|§ 44-15-5. Delegation of Management of Funds

  Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:   Selecting an agent;   Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and   Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.     In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.   An institution that complies with subsection (a) of this Code section shall not be liable for the decisions or actions of an agent for the performance of a delegated function.   By accepting the delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.   An institution may delegate management and investment functions to its committees, officers, or employees as otherwise authorized by law.     (Code 1981, §44-15-5, enacted by Ga. L. 2008, p. 149, § 1/HB 972.)
GA Code § 44-15-6 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 15 - Uniform Prudent Management of Institutional Funds|§ 44-15-6. Modification of Restrictions

  If the donor or a donor's designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution.   The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.   If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard.   If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:   The institutional fund subject to the restriction has a total value of less than $100,000.00;   More than 20 years have elapsed since the institutional fund was established; and   The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.       (Code 1981, §44-15-6, enacted by Ga. L. 2008, p. 149, § 1/HB 972.)
GA Code § 44-15-7 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 15 - Uniform Prudent Management of Institutional Funds|§ 44-15-7. Compliance With Provisions; Effective Date

 Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. This chapter applies to institutional funds existing on or established after July 1, 2008. As applied to institutional funds existing on July 1, 2008, this chapter governs only decisions made or actions taken on or after that date. This chapter shall not authorize electronic delivery of any legally required notice.    (Code 1981, §44-15-7, enacted by Ga. L. 2008, p. 149, § 1/HB 972.)
GA Code § 44-15-8 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 15 - Uniform Prudent Management of Institutional Funds|§ 44-15-8. Uniformity With Law of Other States

 In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.    (Code 1981, §44-15-8, enacted by Ga. L. 2008, p. 149, § 1/HB 972.)
GA Code § 44-16-1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-1. Short Title

 This chapter may be known as and may be cited as the "Uniform Environmental Covenants Act."    (Code 1981, §44-16-1, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-2 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-2. Definitions

 As used in this chapter, the term:    "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.   "Agency" means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.   "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.   "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.   "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:   Under a federal or state program governing environmental remediation of real property;   Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or   Under a state voluntary clean-up program.     "Holder" means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3.   "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity.   "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.     (Code 1981, §44-16-2, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-3 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-3. Holders of Environmental Covenants; Rights of Agency; Rules

  Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.   A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property.   An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law.   The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:   An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;   The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;   A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association; and   An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant.       (Code 1981, §44-16-3, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-4. Requirements for Environmental Covenant

  An environmental covenant shall:   State that the instrument is an environmental covenant executed pursuant to this chapter;   Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed;   Describe the activity and use limitations on the real property;   Identify every holder;   Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and   Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.     In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:   Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;   Requirements for periodic reporting describing compliance with the covenant;   Rights of access to the property granted in connection with implementation or enforcement of the covenant;   A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;   Limitation on amendment or termination of the covenant in addition to those contained in Code Sections 44-16-9 and 44-16-10; and   Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section 44-16-11.     In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.   The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (1) through (6) of subsection (a) of Code Section 44-16-7 have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant.     (Code 1981, §44-16-4, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-5 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-5. Enforcement of Environmental Convenant

  An environmental covenant that complies with this chapter runs with the land.   An environmental covenant that is otherwise effective shall be valid and enforceable even if:   It is not appurtenant to an interest in real property;   It can be or has been assigned to a person other than the original holder;   It is not of a character that has been recognized traditionally at common law;   It imposes a negative burden;   It imposes an affirmative obligation on a person having an interest in the real property or on the holder;   The benefit or burden does not touch or concern real property;   There is no privity of estate or contract;   The holder dies, ceases to exist, resigns, or is replaced; or   The owner of an interest subject to the environmental covenant and the holder are the same person.     An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2008, shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument.   This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.     (Code 1981, §44-16-5, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132; Ga. L. 2019, p. 1056, § 44/SB 52.)    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (c).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, "July 1, 2008" was substituted for "the effective date of this chapter" in the first sentence of subsection (c).
GA Code § 44-16-6 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-6. Environmental Covenant Restrictions

 This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law.    (Code 1981, §44-16-6, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-7 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-7. Validation of Environmental Covenant

  A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to:   Each person that signed the covenant;   Each person holding a recorded interest in the real property subject to the covenant;   Each person in possession of the real property subject to the covenant;   Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located;   Each owner in fee simple whose property abuts the property subject to the environmental covenant; and   Any other person the agency requires.     The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section.     (Code 1981, §44-16-7, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-8 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-8. Recording of Amendments or Termination of Environmental Convenant

  An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.   Except as otherwise provided in subsection (c) of Code Section 44-16-9, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property.     (Code 1981, §44-16-8, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
GA Code § 44-16-9 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-9. Limitation of Environmental Covenant

  An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is:   By its terms limited to a specific duration or terminated by the occurrence of a specific event;   Terminated by consent pursuant to Code Section 44-16-10;   Terminated pursuant to subsection (b) of this Code section;   Terminated by foreclosure of an interest that has priority over the environmental covenant; or   Terminated or modified in an eminent domain proceeding, but only if:   The agency that signed the covenant is a party to the proceeding;   All persons identified in subsections (a) and (b) of Code Section 44-16-10 are given notice of the pendency of the proceeding; and   The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.       If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections (a) and (b) of Code Section 44-16-10 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article 1 of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.   An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections 44-5-60 and 44-5-168.     (Code 1981, §44-16-9, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132; Ga. L. 2019, p. 1056, § 44/SB 52.)    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "subsections (a) and (b)" for "subsection (a) and (b)" in the first sentence of subsection (b).
GA Code § 44-16-10 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 16 - Uniform Environmental Covenants|§ 44-16-10. Amendment or Termination; Interest in Environmental Covenant Not Affected by Amendment; Role of Court

  An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:   The agency;   The current owner of the fee simple of the real property subject to the covenant;   Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and   Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder.     If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.   Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment.   Except as otherwise provided in an environmental covenant:   A holder may not assign its interest without consent of the other parties; and   A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section.     A court of competent jurisdiction may fill a vacancy in the position of holder.     (Code 1981, §44-16-10, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)