reglab/housing_qa huggingface dataset:
GA Code § 36-39-15 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-15. Time and Manner of Payment of Assessments Generally

 Assessment in conformity to the appraisal and apportionment as confirmed by the municipal corporation shall be payable to the treasurer of the municipal corporation in cash. If paid within 30 days from the date of the passage of the ordinance, such assessment shall be without interest.   (Ga. L. 1927, p. 321, § 8; Code 1933, § 69-413.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, § 168.   ALR.    - Loss of right to contest assessment in proceeding for street or sewer improvement by waiver, estoppel, or the like, 9 A.L.R. 634.    Loss of right to contest assessment in drainage proceeding by waiver, estoppel, or the like, 9 A.L.R. 842.    Liability of municipality in consequence of its inability, refusal, or failure to collect the cost of local improvements from the property benefited, 51 A.L.R. 973; 172 A.L.R. 1030.    Power of municipality to transfer or assign its right to enforce assessment or lien for local improvements, 55 A.L.R. 667.    Right of taxpayer to anticipate payment of tax or special improvement assessment or deferred installments thereof, 96 A.L.R. 1475.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-16 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-16. Payment of Assessment in Installments

 If the owner of the land or of any street railway assessed, within 30 days from the passage of the ordinance making the assessment final, files with the clerk of the municipal corporation his written request asking that the assessments be payable in installments in accordance with the provisions of this Code section, the same shall thereupon be and become payable in equal annual installments over such period of years, not less than two nor more than ten, as shall be fixed and prescribed by the governing body of the municipal corporation. Such installments shall bear interest at a rate not exceeding 7 percent per annum until paid. Each installment, together with the interest on the entire amount remaining unpaid, shall be payable each year at such time and place as shall be provided by resolution of the governing body.   (Ga. L. 1927, p. 321, § 8; Code 1933, § 69-414; Ga. L. 1947, p. 1539, § 1; Ga. L. 1989, p. 1078, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, §§ 169, 170.   C.J.S.   - 40 C.J.S., Highways, § 475 et seq. 64 C.J.S., Municipal Corporations, §§ 1737, 1742.   ALR.    - Right of taxpayer to anticipate payment of tax or special improvement assessment or deferred installments thereof, 96 A.L.R. 1475.    Duration of lien of special assessment and period of limitation of action for its enforcement as affected by adoption of installment plan of payment, 114 A.L.R. 399.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-17 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-17. Assessments Where Portion of Costs Paid by Municipal Corporation

 When the municipal corporation desires to pay any portion of the cost of the improvements contemplated in this chapter in addition to the amounts otherwise provided for, the balance may be assessed against the abutting property or the owners thereof or against the owners of any street or steam railway therein, as provided in this chapter.   (Ga. L. 1927, p. 321, § 15; Code 1933, § 69-427.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, § 90.   C.J.S.   - 64 C.J.S., Municipal Corporations, §§ 1517, 1520, 1521.
GA Code § 36-39-18 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-18. Additional Assessments

 If any assessment is found to be invalid or insufficient in whole or in part for any reason whatsoever, the governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed. The new assessment shall have the same force and effect as an original assessment.   (Ga. L. 1927, p. 321, § 12; Code 1933, § 69-415.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, § 131 et seq.   C.J.S.   - 40 C.J.S., Highways, § 474. 64 C.J.S., Municipal Corporations, §§ 1704 et seq., 1725.   ALR.    - Inclusion in assessment for public improvement of amount to cover delinquencies as contrary to constitutional guaranties, 42 A.L.R. 1185.    Necessity that additional assessment in proceeding for local improvement precede incurring liability in excess of the original assessment, 63 A.L.R. 1179.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-19 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-19. Publication and Contents of Notice of Due Date of Assessment; Effect of Failure to Publish Notice

 It shall be the duty of the treasurer, not less than 30 days and not more than 50 days before the maturity of any installment of the assessments, to publish at least one time, in a newspaper having a general circulation in the municipal corporation, a notice advising the owner of the property affected by the assessment of the date when such installment and interest will be due, designating the street or streets or other public places for the improvement of which such assessments have been levied and stating that, unless the installment and interest are promptly paid, proceedings will be taken to collect such installment and interest. In lieu of the publication, the treasurer may mail the notice within the time limits aforesaid to the owners of record of the property affected, at their last known address. The failure of the treasurer or clerk to publish or mail the notice of maturity of any installment of the assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor.   (Ga. L. 1927, p. 321, § 11; Code 1933, § 69-420.)   RESEARCH REFERENCES   ALR.    - Power and duty to include in a periodical special assessment the amount of a deficiency for a previous period resulting from delinquent assessments which may eventually be paid, 96 A.L.R. 1275.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.   What constitutes newspaper of "general circulation" within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.
GA Code § 36-39-20 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-20. Lien for Assessment and Interest

 The assessment and each installment thereof, along with the interest thereon and the expense of collection, are declared to be a lien against the lots and tracts of land so assessed, from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts. Such lien shall continue until the assessment and the interest thereon are fully paid and shall be enforced in the same manner as are liens for municipal corporation taxes.   (Ga. L. 1927, p. 321, § 9; Code 1933, § 69-416.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, §§ 171 et seq., 226.   C.J.S.   - 40 C.J.S., Highways, § 475 et seq. 64 C.J.S., Municipal Corporations, §§ 1726, 1734, 1742.   ALR.    - Priority as between lien of taxes and lien of special assessments, 65 A.L.R. 1379.    Assessment for local improvements as taxes within statute providing for payment of taxes out of proceeds of judicial sale, 73 A.L.R. 1227.    Priority as between liens for public improvements, 99 A.L.R. 1478.    Action by municipality to enforce lien for special assessment as within statute of limitations not specifically covering it, 103 A.L.R. 885.    Constitutionality of statute giving to lien for alteration of property pursuant to public requirement, mechanics' lien or similar lien, preference over preexisting mortgage or other lien, 121 A.L.R. 616; 141 A.L.R. 66.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Applicability of statute of limitations to action to enforce special assessments as affected by question whether imposition or enforcement of the assessment is an exercise of a governmental function, 136 A.L.R. 572.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.   Easement, servitude, or restrictive covenant as affected by enforcement of assessment or improvement liens, 26 A.L.R.2d 873.
GA Code § 36-39-21 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-21. Execution, Levy, and Sale on Unpaid Assessments or Interest Generally

 It shall be the duty of the treasurer, within 15 days after the date of the maturity of any installment of assessment or interest, to issue an execution against the lot or tract of land assessed for the improvement or against the party or person owning the same for the amount of the assessment or interest. The treasurer shall turn over the same to the marshal or chief of police of the municipal corporation or his deputy, who shall levy the same upon the abutting real estate liable for the assessment and previously assessed for the improvements. After advertisement and other proceedings as in case of sales for city taxes, the real estate shall be sold at public outcry to the highest bidder. Such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest and also subject to the right of redemption as provided in Article 3 of Chapter 4 of Title 48.   (Ga. L. 1927, p. 321, § 11; Code 1933, § 69-421.)   Cross references.   - Executions to enforce collection of amounts due municipality for paving streets or alleys, or laying sewers and drains, § 48-5-358.   JUDICIAL DECISIONS    Cited in City of Waycross v. Cullens, 190 Ga. 823, 10 S.E.2d 920 (1940).   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, §§ 181, 182, 188 et seq.   C.J.S.   - 40 C.J.S., Highways, § 475 et seq. 64 C.J.S., Municipal Corporations, §§ 1772, 1773. 82 C.J.S., Statutes, § 395 et seq.   ALR.    - Character of action or proceeding in which purchaser at invalid sale for taxes or local improvement assessment may secure reimbursement from owner; and provisions of decree or judgment as to relief, 86 A.L.R. 1208.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Right of mortgagor or purchaser of equity of redemption to defeat lien of mortgage by acquisition of title at sale subsequent to mortgage for nonpayment of taxes, or of assessment for local improvement, 134 A.L.R. 289.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.   Exclusiveness of method prescribed by statute or ordinance for enforcement of special assessment for public improvement or service, 88 A.L.R.2d 1250.
GA Code § 36-39-22 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-22. Affidavit Contesting Amount of Execution; Trial by Superior Court; Penalties for Delay

 The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance. All affidavits, including those filed by railroads or street railways against whom execution is issued for the cost and expense of paving, shall set out in detail the reasons why the affiant claims the amount is not due. When received by the municipal marshal or chief of police, such affidavits shall be returned to the superior court of the county wherein the municipal corporation is located. They shall be tried and the issue shall be determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state.   (Ga. L. 1927, p. 321, § 11; Code 1933, § 69-423.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, § 205 et seq.   C.J.S.   - 40 C.J.S., Highways, § 474 et seq. 64 C.J.S., Municipal Corporations, §§ 1682, 1699.   ALR.    - Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-23 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-23. Collection and Use of Assessments Generally; Special Fund; Treasurer's Bond

 The assessment provided for and levied under this chapter shall be payable as the several installments become due, together with the interest thereon, to the treasurer of the municipal corporation, who shall keep an accurate account of all such collections made by him. Such collections shall be kept in a special fund, to be used and applied for the payment of the bonds and the interest thereon and the expenses incurred incident thereto and for no other purpose until all the bonds are paid in full. The treasurer shall give bond in an amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed in this chapter.   (Ga. L. 1927, p. 321, § 11; Code 1933, § 69-422.)   RESEARCH REFERENCES   C.J.S.   - 40 C.J.S., Highways, § 467. 64A C.J.S., Municipal Corporations, § 2091 et seq.   ALR.    - Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Applicability of statute of limitations to action to enforce special assessments as affected by question whether imposition or enforcement of the assessment is an exercise of a governmental function, 136 A.L.R. 572.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-24 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-24. Limitation Period for Contesting or Enjoining Assessments

 No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment or issuing or levying executions therefor or issuing bonds or providing for their payment, or (3) contesting the validity thereof on any grounds or for any reason other than the failure of the governing body to adopt and publish the preliminary resolution provided for in Code Section 36-39-3 in cases requiring such resolution and its publication or to give notice of the hearing of the return of the appraisers as provided for in Code Section 36-39-14, unless such action is commenced within 30 days after the passage of the ordinance making the assessment final.   (Ga. L. 1927, p. 321, § 12; Code 1933, § 69-424.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, § 205 et seq.   C.J.S.   - 40 C.J.S., Highways, § 472. 64 C.J.S., Municipal Corporations, §§ 1652, 1653, 1673.   ALR.    - Validity of promise based on invalid paving assessment, 20 A.L.R. 1326.    Right to enjoin enforcement of illegal tax, local assessment, or license fee, upon joinder of several affected thereby, 32 A.L.R. 1266; 156 A.L.R. 319.    Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.    Manner of enforcing special assessments against public property, 150 A.L.R. 1394.
GA Code § 36-39-26 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-26. Sale of Bonds; Delivery to Contractors

 The bonds shall be sold by the governing body at not less than par and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred pursuant to this chapter. Alternatively, such bonds in the amount that is necessary for the purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which is necessary to pay other expenses incident to and incurred in providing for the improvements shall be sold or otherwise disposed of as the governing body directs.   (Ga. L. 1927, p. 321, § 10; Code 1933, § 69-418.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, §§ 178 et seq., 188.   ALR.    - Priority as between successive issues of obligations of permanently organized local improvement district, 99 A.L.R. 1488.
GA Code § 36-39-27 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-27. Disposition of Proceeds From Bonds Remaining After Payment

 Any proceeds from the sale of the bonds remaining in the hands of the treasurer after the payment provided for in Code Section 36-39-26 shall go into the treasury of the municipal corporation as compensation for the services to be rendered by it as contemplated in this chapter.   (Ga. L. 1927, p. 321, § 10; Code 1933, § 69-419.)
GA Code § 36-39-28 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-28. Petition for Validation of Ordinance Establishing Assessments; Time; Contents

 At any time within 60 days after the assessments are finally determined and fixed, the municipal corporation may file a petition in the superior court of the county in which the municipal corporation is situated, along with a copy of the ordinance, in which petition shall be alleged the fact of the passage and approval of the ordinance, the street or part of a street affected thereby, the character of paving or other improvement intended, and the approximate estimate of the cost. The petition shall allege that the ordinance is authorized by law and that it will create a lien on all real property abutting on such street or part of a street for the payment by the owner of each lot or parcel of land so abutting of the pro rata share of expense assessed to each lot or parcel of land, as well as on any street or other railroad therein, if any such there are, and shall pray for a judgment by the court declaring the ordinance valid, legal, and binding and that the liens be set up as alleged. It shall not be necessary in such petition to allege the names of the owners of the abutting property or railroads to be affected, but it shall be sufficient to describe the street or portion thereof to be improved and to indicate that the property on the street is to be charged with the expense.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-428.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70C Am. Jur. 2d, Special or Local Assessments, §§ 172, 175.   C.J.S.   - 64 C.J.S., Municipal Corporations, §§ 1526, 1726 et seq.
GA Code § 36-39-29 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-29. Order to Show Cause on Petition; Time and Notice of Hearing

 At or before the filing of the petition provided for in Code Section 36-39-28, the same shall be presented to the judge of the superior court, who shall thereupon enter an order calling upon all persons owning or interested in the real estate abutting on the street or on the designated part thereof to show cause, at a time and place to be named in the order, why the prayer of the petition should not be granted, the ordinance and assessments not declared valid, and the liens not be fixed as legal and binding. The hearing shall be not less than 30 nor more than 60 days after the entry of the order and shall be either in open court or at chambers. It shall be the duty of the clerk to publish once a week for four weeks, in the official newspaper of the county, a statement of the case and a copy of the order.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-429.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Motions, Rules, and Orders, § 46.   C.J.S.   - 64 C.J.S., Municipal Corporations, § 1728.
GA Code § 36-39-30 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-30. Conduct of Hearing; Issuance of Order by Court

 At the time and place named or at such other time and place as the hearing may be adjourned to, any interested person shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer of the petition should not be granted. The court shall hear all questions of law or fact and all competent evidence may be offered as in other cases. The court shall thereupon enter an appropriate order finding and adjudging that the ordinance is lawful and valid and that the liens are legal and binding, or otherwise, as the law and facts may warrant.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-430.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Motions, Rules, and Orders, § 46.
GA Code § 36-39-31 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-31. Appeal From Judgment of Court

 The municipal corporation or any person appearing who is dissatisfied with the judgment may appeal to the Court of Appeals, as provided in Title 5.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-431.)
GA Code § 36-39-32 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-32. Conclusiveness of Superior Court's Final Judgment

 If the final judgment of the superior court is in favor of the validity of the ordinance and of the liens claimed, the same shall forever be conclusive, and the matters so determined shall never thereafter be drawn in question in any court.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-432.)
GA Code § 36-39-33 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-33. Entry of Reference to Judgment on Bonds Following Validation; Use of Entry as Evidence

 Bonds issued under this chapter after the judgment of the superior court shall have written or stamped thereon the words "Validated and confirmed by judgment of the superior court," specifying also the date when the judgment was rendered and the court in which it was rendered and shall be signed by the clerk of the superior court. Such entry shall be original prima-facie evidence of the fact of the judgment and shall be receivable as such in any court of this state.   (Ga. L. 1927, p. 321, § 16; Code 1933, § 69-433.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 294 et seq.
GA Code § 36-39-34 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 39 - Street Improvements|§ 36-39-34. Construction of Chapter

 This chapter shall not be construed to repeal any special or local law or to affect any proceedings under such law for the making of improvements authorized in this chapter or for raising the funds therefor but shall be deemed to be additional and independent legislation for such purposes, to provide an alternative method of procedure for such purposes, and to be a complete law not subject to any limitations or restrictions contained in any other public or private law or laws except as otherwise provided in this chapter.   (Ga. L. 1927, p. 321, § 14; Code 1933, § 69-426.)