reglab/housing_qa huggingface dataset:
GA Code § 44-10-2 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-2. Definitions

 As used in this article, the term:    "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.   "Holder" means:   A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or   A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.     "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.     (Code 1981, §44-10-2, enacted by Ga. L. 1992, p. 2227, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "archeological" was substituted for "archaeological" in paragraph (1) and in subparagraph (2)(B).   OPINIONS OF THE ATTORNEY GENERAL   Location of conservation easement.   - Where the purpose of a conservation easement is to preserve land or water areas predominantly in their natural, scenic, landscape, or open condition or in agricultural, farming, forest, or open space use, it is not essential that the land be located within a historic district. 1976 Op. Att'y Gen. No. 76-50.   RESEARCH REFERENCES   ALR.    - May paramount right of public to improve navigability of stream without compensating riparian owner for resulting damage extended to improvements for purposes not in aid of navigation, 18 A.L.R. 403.
GA Code § 44-10-4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-4. Actions Affecting Easements; Parties; Power of Court to Modify or Terminate Easement

  An action affecting a conservation easement may be brought by:   An owner of an interest in the real property burdened by the easement;   A holder of the easement;   A person having a third-party right of enforcement; or   A person authorized by other law.     The easement holder shall be a necessary party in any proceeding of or before any governmental agency which may result in a license, permit, or order for any demolition, alteration, or construction on the property.   This article does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.     (Code 1981, §44-10-4, enacted by Ga. L. 1992, p. 2227, § 1.)
GA Code § 44-10-5 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-5. Validity of Easement

 A conservation easement is valid even though:    It is not appurtenant to an interest in real property;   It can be or has been assigned to another holder;   It is not of a character that has been recognized traditionally at common law;   It imposes a negative burden;   It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;   The benefit does not touch or concern real property; or   There is no privity of estate or of contract.     (Code 1981, §44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.)   RESEARCH REFERENCES   ALR.   - May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.
GA Code § 44-10-6 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-6. Interests Covered by Article; Interests Not Invalidated by Article

  This article applies to any interest created after July 1, 1992, which complies with this article, whether designated as a conservation or facade easement, or as a covenant, protective covenant, equitable servitude, restriction, easement, or otherwise.   This article applies to any interest created before July 1, 1992, if such interest would have been enforceable had such interest been created after July 1, 1992, unless retroactive application contravenes the Constitution or laws of this state or the United States.   This article does not invalidate any interest, whether designated as a conservation or preservation or facade easement or as a covenant, protective covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.     (Code 1981, §44-10-6, enacted by Ga. L. 1992, p. 2227, § 1.)
GA Code § 44-10-7 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-7. Construction and Application of Article to Effect Uniformity of Laws

 This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting it.    (Code 1981, §44-10-7, enacted by Ga. L. 1992, p. 2227, § 1.)
GA Code § 44-10-8 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 1 - Uniform Conservation Easements|§ 44-10-8. Recordation of Easements; Revaluation of Encumbered Property; Appeals

 A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be notice to the board of tax assessors of such county of the conveyance of the conservation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of the encumbrance on the next succeeding tax digest of the county. Any owner who records a conservation easement and who is aggrieved by a revaluation or lack thereof under this Code section may appeal to the board of equalization and may appeal from the decision of the board of equalization in accordance with Code Section 48-5-311.    (Code 1981, §44-10-8, enacted by Ga. L. 1992, p. 2227, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 71 Am. Jur. 2d, State and Local Taxation, §§ 139, 140, 673, 674, 684, 685.   C.J.S.   - 84 C.J.S., Taxation, §§ 111, 494 et seq., 510 et seq. 85 C.J.S., Taxation, §§ 1186, 1370.   ALR.    - Permission or license from owner of servient estate as extinguishing an existing easement, 50 A.L.R. 1295.
GA Code § 44-10-20 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-20. Short Title

 This article shall be known and may be cited as the "Georgia Historic Preservation Act."   (Ga. L. 1980, p. 1723, § 1.)   Law reviews.   - For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).   JUDICIAL DECISIONS   Number of active commission members.    - A county historic preservation commission's decision was not void because the commission did not have seven members as required by an ordinance. Neither the ordinance nor the Historical Preservation Act, O.C.G.A. § 44-10-20 et seq., provided that failure to have seven active members invalidated a decision; such an express requirement was necessary under O.C.G.A. § 1-3-1(c). DeKalb County v. Buckler, 288 Ga. App. 346, 654 S.E.2d 193 (2007), cert. denied, No. S08C0514, 2008 Ga. LEXIS 374 (Ga. 2008).   Substantial compliance as standard of review.    - Because the Georgia Historic Preservation Act (HPA), O.C.G.A. § 44-1-20 et seq., does not expressly provide that a county's failure to strictly comply with the HPA's uniform procedures invalidates an ordinance adopted thereunder, and because the developers failed to show the developers were harmed by the county's alleged failure to strictly comply with the procedures of the HPA, the trial court properly applied the "substantial compliance" standard of review. Buckler v. DeKalb County Bd. of Comm'rs, 299 Ga. App. 465, 683 S.E.2d 22 (2009), cert. denied, No. S09C2027, 2010 Ga. LEXIS 3 (Ga. 2010).
GA Code § 44-10-21 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-21. Legislative Purpose; Intent

 The General Assembly finds that the historical, cultural, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people. Therefore, in order to stimulate the revitalization of central business districts in this state's municipalities, to protect and enhance this state's historical and esthetic attractions to tourists and visitors and thereby promote and stimulate business in this state's cities and counties, to encourage the acquisition by cities and counties of conservation easements pursuant to Code Sections 44-10-1 through 44-10-8, and to enhance the opportunities for federal tax relief of this state's property owners under the relevant provisions of the Tax Reform Act of 1976 allowing tax deductions for rehabilitation of certified historic structures, the General Assembly establishes a uniform procedure for use by each county and municipality in the state in enacting ordinances providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural, or esthetic interest or value.   (Ga. L. 1980, p. 1723, § 2; Ga. L. 1993, p. 91, § 44.)
GA Code § 44-10-23 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-23. Exemptions

 Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended in whole or in part such ordinances, shall not be required to comply with this article and are authorized to create and regulate historic districts, zones, or sites pursuant to their existing local historic preservation ordinances.   (Ga. L. 1980, p. 1723, § 12; Ga. L. 1989, p. 1160, § 1.)   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 173 (1989).
GA Code § 44-10-24 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-24. Historic Preservation Commission - Establishment or Designation; Number, Eligibility, and Terms of Members

  The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such commission shall have demonstrated special interest, experience, or education in history or architecture; all the members shall reside within the historic preservation jurisdiction of their respective municipality or county except as otherwise provided by subsection (b) of this Code section; and all shall serve without compensation. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.   The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint historic preservation commission. If a joint commission is established, the local governing bodies of the county and the municipality or municipalities involved shall determine the residence requirements for members of the joint commission.    (Ga. L. 1980, p. 1723, § 4.)   Law reviews.   - For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).
GA Code § 44-10-25 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-25. Historic Preservation Commission - Powers and Duties

 Any municipal, county, or joint historic preservation commission appointed or designated pursuant to Code Section 44-10-24 shall be authorized to:    Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;   Recommend to the municipal or county local governing body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;   Review applications for certificates of appropriateness and grant or deny the same in accordance with Code Section 44-10-28;   Recommend to the municipal or county local governing body that the designation of any place, district, site, building, structure, or work of art as a historic property or as a historic district be revoked or removed;   Restore or preserve any historic properties acquired by the municipality or county;   Promote the acquisition by the city or county governing authority of conservation easements in accordance with Code Sections 44-10-1 through 44-10-8;   Conduct an educational program on historic properties located within its historic preservation jurisdiction;   Make such investigations and studies of matters relating to historic preservation as the local governing body or the commission itself may from time to time deem necessary or appropriate for the purposes of this article;   Seek out state and federal funds for historic preservation and make recommendations to the local governing body concerning the most appropriate use of any funds acquired;   Consult with historic preservation experts in the Department of Community Affairs or its successor and the Georgia Trust for Historic Preservation, Inc.; and   Submit to the Department of Community Affairs or its successor a list of historic properties or historic districts designated as such pursuant to Code Section 44-10-26.    (Ga. L. 1980, p. 1723, § 5; Ga. L. 1993, p. 91, § 44; Ga. L. 1996, p. 6, § 44; Ga. L. 2020, p. 38, § 11/SB 473.)    The 2020 amendment,  effective July 1, 2020, substituted "Department of Community Affairs" for "Division of Historic Preservation of the Department of Natural Resources" in paragraphs (10) and (11).
GA Code § 44-10-27 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-27. Certificate of Appropriateness - When Required; Local or State Actions

  After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site, or work of art within the historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.   The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.    (Ga. L. 1980, p. 1723, § 7.)
GA Code § 44-10-29 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-29. Certain Changes or Uses Not Prohibited

 Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other laws, ordinances, or regulations.   (Ga. L. 1980, p. 1723, § 9.)
GA Code § 44-10-30 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-30. Court Action or Proceedings to Prevent Improper Changes or Illegal Acts or Conduct

 The municipal or county governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of an ordinance adopted in conformity with this article, or to prevent any illegal act or conduct with respect to such historic property or historic district.   (Ga. L. 1980, p. 1723, § 11.)
GA Code § 44-10-31 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 10 - Historic Preservation|Article 2 - Ordinances Providing for Historical Preservation|§ 44-10-31. Violations of This Article; Penalties

 Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances.   (Ga. L. 1980, p. 1723, § 10.)
GA Code § 44-11-1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-1. Requirement That Plaintiff Recover on Strength of Own Title; Effect of Common Grantor on Proof of Title

 A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant's title. Where both parties claim under a common grantor, it is not necessary to show title back of such common grantor.   (Civil Code 1895, § 5004; Civil Code 1910, § 5582; Code 1933, § 33-101.)   Law reviews.   - For article discussing origin and construction of Georgia provision concerning ejectment, see 14 Ga. L. Rev. 239 (1980). For comment on Brooks v. Williams, 227 Ga. 59, 178 S.E.2d 880 (1970), see 23 Mercer L. Rev. 399 (1972).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Proof of Title   Acquiescence   Common Grantor   Proper Parties   Description of Land    RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Ejectment, § 7.   9 Am. Jur. Pleading and Practice Forms, Ejectment, § 1.   C.J.S.   - 28A C.J.S., Ejectment, § 9.   ALR.    - Right of owner of interest in mineral in situ to maintain ejectment, 35 A.L.R. 234.    Instructions in ejectment on rule that plaintiff must recover on strength of own title, 159 A.L.R. 646.   Common source of title doctrine, 5 A.L.R.3d 375.
GA Code § 44-11-2 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-2. When Plaintiff May Recover on Prior Possession Alone

 A plaintiff in ejectment may recover the premises in dispute upon his prior possession alone against one who subsequently acquires possession of the land by mere entry and without any lawful right whatsoever.   (Orig. Code 1863, § 3278; Code 1868, § 3290; Code 1873, § 3366; Code 1882, § 3366; Civil Code 1895, § 5008; Civil Code 1910, § 5586; Code 1933, § 33-102.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Ejectment, § 19 et seq.   C.J.S.   - 28A C.J.S., Ejectment, §§ 16, 17.
GA Code § 44-11-3 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-3. Right of Joint Owner to Bring an Action Alone; Effect of Judgment

 Any joint tenant, tenant in common, or other person having a part interest in lands or tenements may bring an action of ejectment for the recovery of such lands or tenements or an action for damages for injury thereto without joining with him any other person as plaintiff. The judgment in such a case shall not affect the rights of those interested in such lands or tenements who are not parties to the action.   (Ga. L. 1855-56, p. 227, § 1; Code 1863, § 3271; Code 1868, § 3282; Code 1873, § 3358; Code 1882, § 3358; Civil Code 1895, § 4999; Civil Code 1910, § 5577; Code 1933, § 33-103.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Ejectment, § 26.   C.J.S.   - 28 C.J.S., Ejectment, § 50.
GA Code § 44-11-4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-4. Joint Action Against Separate Claimants; When Prohibited

 When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for the premises or for mesne profits.   (Orig. Code 1863, § 3272; Code 1868, § 3283; Code 1873, § 3359; Code 1882, § 3359; Civil Code 1895, § 5000; Civil Code 1910, § 5578; Code 1933, § 33-113.)   RESEARCH REFERENCES   C.J.S.   - 28A C.J.S., Ejectment, § 1 et seq.   ALR.    - Avoidance of multiplicity of suits as ground for jurisdiction in equity of a suit by one out of possession to quiet title against persons in possession of different portions of the land in severalty, 30 A.L.R. 109.
GA Code § 44-11-5 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-5. Making True Claimant a Defendant; Effect of Judgment as to Such Defendant

 A plaintiff in ejectment may in all cases make the true claimant a defendant by serving a copy of the pending action upon him, and the person so notified shall be bound by the judgment.   (Orig. Code 1863, § 3273; Code 1868, § 3284; Code 1873, § 3360; Code 1882, § 3360; Civil Code 1895, § 5001; Civil Code 1910, § 5579; Code 1933, § 33-114.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Ejectment, § 27.   C.J.S.   - 28A C.J.S., Ejectment, § 51 et seq.
GA Code § 44-11-6 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 11 - Ejectment and Proceedings Against Intruders|Article 1 - Ejectment|§ 44-11-6. Disclaimer by Defendant; Effect on Costs

 A defendant in ejectment may disclaim any claim of title or right of possession. After such disclaimer is filed, such defendant shall not be liable for any future court costs.   (Orig. Code 1863, § 3274; Code 1868, § 3285; Code 1873, § 3361; Code 1882, § 3361; Civil Code 1895, § 5003; Civil Code 1910, § 5581; Code 1933, § 33-112.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Ejectment, § 37.   C.J.S.   - 28A C.J.S., Ejectment, § 66.