reglab/housing_qa huggingface dataset:
GA Code § 36-30-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 30 - General Provisions|§ 36-30-10. Grant of Right to Obstruct Public Street Prohibited

 Without express legislative authority, a municipal corporation may not grant to any person the right to erect or maintain a structure or obstruction in a public street.   (Civil Code 1895, § 745; Civil Code 1910, § 894; Code 1933, § 69-304.)   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Specific Obstructions    RESEARCH REFERENCES   C.J.S.   - 64 C.J.S., Municipal Corporations, §§ 1884, 1885.   ALR.    - Power of municipality to permit permanent loading platforms in street, 11 A.L.R. 442.    Power to close or obstruct street temporarily to permit its use for purposes of sport or entertainment, 34 A.L.R. 270.    Validity, construction, and application of ordinances prohibiting or regulating "curb service", 111 A.L.R. 131.   Municipality's power to permit private owner to construct building or structure overhanging or crossing the air space above public street or sidewalk, 76 A.L.R.2d 896.   Authorization, prohibition, or regulation by municipality of the sale of merchandise on streets or highways, or their use for such purpose, 14 A.L.R.3d 896.
GA Code § 36-30-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 30 - General Provisions|§ 36-30-11. Enclosure of Lanes or Alleys

 The municipal authorities of any municipal corporation are authorized to permit the enclosure of any lane, alley, or portion thereof in such municipal corporation when the owners of the lots abutting on such lane or alley and the owners of any other lots to the enjoyment of which access through such lane or alley is necessary consent thereto. Such municipal authorities shall have the right at any time to reopen such lane or alley.   (Ga. L. 1878-79, p. 174, § 1; Code 1933, § 69-207.)   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 246 et seq.   C.J.S.   - 64 C.J.S., Municipal Corporations, § 1805 et seq.   ALR.    - Right of public to use alley, 58 A.L.R. 239.
GA Code § 36-30-12 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 30 - General Provisions|§ 36-30-12. Closing Streets Adjacent to or Through Institutions of Higher Learning in Municipal Corporations Having a Population of 350,000 or More

 In all municipal corporations of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and welfare to do so.For the purposes of this Code section, "public safety and welfare" shall be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets.    (Code 1981, §36-30-12, enacted by Ga. L. 1982, p. 1177, § 1; Ga. L. 1983, p. 3, § 27; Ga. L. 1991, p. 989, § 2.)
GA Code § 36-30-13 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 30 - General Provisions|§ 36-30-13. Special Election to Fill Vacancies When All Seats Are Vacant

 Except as provided in subsection (g) of Code Section 21-4-13, in the event that all seats on the governing authority of a municipality are vacant, the election superintendent of the county in which the municipality is located shall have the authority to call for a special election to fill the vacant offices and to conduct, or to appoint a superintendent of elections for the municipality for the purpose of conducting, the special election. The board of registrars for the county shall prepare the electors list for the special election.    (Code 1981, §36-30-13, enacted by Ga. L. 1987, p. 178, § 1; Ga. L. 1990, p. 8, § 36.)
GA Code § 36-31-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-1. Legislative Intent

 It is declared to be the intention of the General Assembly to prescribe certain minimum standards which must exist as a condition precedent to the original incorporation of a municipal corporation of this state.   (Ga. L. 1963, p. 251, § 1.)   Law reviews.   - For article surveying history of grant of municipal charters in Georgia, see 11 Ga. B. J. 133 (1948).   JUDICIAL DECISIONS    Cited in City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 13.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 11.
GA Code § 36-31-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-2. Two-Year Inapplicability of Provisions Regarding Inactive Municipalities

 When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section 36-30-7.1.   (Ga. L. 1963, p. 251, § 2; Ga. L. 1967, p. 718, § 1; Ga. L. 1971, p. 90, § 1; Ga. L. 1996, p. 399, § 1; Ga. L. 2005, p. 185, § 1/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.   JUDICIAL DECISIONS   Section not retroactive.    - When a municipality was created prior to this section, the restrictions of this section do not apply to an amendatory Act. To construe this section as applicable to acts amending the corporate powers of municipalities in existence prior to this section would violate the statute's plain and unambiguous language, and the constitutional prohibition against enactment of retroactive laws. Brown v. City of Marietta, 220 Ga. 826, 142 S.E.2d 235 (1965).    Cited in Meredith v. Meredith, 240 Ga. 226, 240 S.E.2d 75 (1977); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, § 13.
GA Code § 36-31-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-3. Minimum Population Standards for Proposed Municipal Corporation

 To be eligible for original incorporation as a municipal corporation, the minimum population standards of the area embraced within the proposed municipal boundary shall be as follows:    A total resident population of at least 200 persons; and   An average resident population of at least 200 persons per square mile for the total area.    (Ga. L. 1963, p. 251, § 3.)   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, § 25.
GA Code § 36-31-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-4. Use and Subdivision of Areas Proposed to Be Incorporated

 To be eligible for original incorporation as a municipal corporation, the area embraced shall be so developed that at least 60 percent of the total number of lots and tracts in the area at the time of incorporation are used for residential, commercial, industrial, institutional, recreational, or governmental purposes and shall be subdivided into lots and tracts such that at least 60 percent of the total acreage, not counting the acreage which at the time of incorporation is used for, held for future use for, or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes, consists of lots and tracts of five acres or less in size.   (Ga. L. 1963, p. 251, § 4; Ga. L. 1986, p. 10, § 36; Ga. L. 2005, p. 185, § 2/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 26, 27.
GA Code § 36-31-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-5. Certificate of Existence of Minimum Standards; Manner of Determination; Disposition and Evidentiary Effect of Certificate

 Every local law granting an original municipal charter shall have attached thereto a certificate by the author of the bill stating that the minimum standards required by this chapter exist as to the area embraced. Existence of the standards may be determined, as to population, by estimate based on the number of dwellings in the area multiplied by the average family size in the area, as determined by the last preceding federal census or by other reliable evidence acceptable to the author. As to development of the area, existence of the standards may be determined by estimate based on actual survey, county maps or records, aerial photographs, or some other reliable map acceptable to the author. The certificate shall be a permanent part of the charter and shall constitute conclusive evidence of the existence of the standards required by this chapter.   (Ga. L. 1963, p. 251, § 5.)   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, § 24.
GA Code § 36-31-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-6. Responsibility of the Attorney General for Preclearances

 Reserved. Repealed by Ga. L. 2015, p. 385, § 6-3/HB 252, effective July 1, 2015.   Editor's notes.   - This Code section was based on Code 1981, § 36-31-6, enacted by Ga. L. 2005, p. 185, § 3/HB 36.   Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"
GA Code § 36-31-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-7. Power to License and Regulate Alcoholic Beverages

 When a new municipal corporation is created by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 3 to authorize sales of any alcoholic beverages shall be required in order for the governing authority of the municipality to exercise such powers.    (Code 1981, §36-31-7, enacted by Ga. L. 2005, p. 185, § 3/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
GA Code § 36-31-7.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-7.1. Ownership and Control of County Road Rights of Way

  When a new municipal corporation is created by Act of the General Assembly, the new municipality shall assume the ownership, control, care, and maintenance of county road rights of way located within the area incorporated unless the municipality and the county agree otherwise by joint resolution.   This Code section shall apply to any new municipal corporation created by Act of the General Assembly on or after April 15, 2005.     (Code 1981, §36-31-7.1, enacted by Ga. L. 2015, p. 1358, § 2/HB 477.)
GA Code § 36-31-9 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-9. Initial Terms of Office

 When a new municipal corporation is created by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections 21-2-541.1 and 21-2-541.2.    (Code 1981, §36-31-9, enacted by Ga. L. 2005, p. 185, § 3/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
GA Code § 36-31-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-10. Appropriation of Funds for Grants or Loans

 The General Assembly may, in connection with the incorporation of a new municipal corporation, at any time (before, after, or contemporaneously with the passage of the chartering Act) appropriate to the Department of Community Affairs funds for grants or loans or both to a specific existing or proposed municipal corporation. When funds are so appropriated, the department shall make grants as specified by recipient, amount, and purpose and loans as specified by recipient, amount, interest rate, term, and purpose in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.    (Code 1981, §36-31-10, enacted by Ga. L. 2005, p. 185, § 3/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
GA Code § 36-31-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 31 - Incorporation of Municipal Corporations|§ 36-31-11. Removal of New Municipal Corporations From County Special Districts for Provision of Local Government Services

 When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county, the territory within the new municipal corporation shall be removed from the special district except to the extent otherwise provided by Code Section 36-31-8 during a transition period and except that the county may continue to levy within such territory any previously imposed tax for the purpose of retiring any special district debt until such time as such debt is retired.    (Code 1981, §36-31-11, enacted by Ga. L. 2005, p. 185, § 3/HB 36.)   Editor's notes.   - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.   Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
GA Code § 36-33-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 33 - Liability of Municipal Corporations for Acts or Omissions|§ 36-33-6. Exemption of Municipal Property From Levy and Sale

 Property of a municipal corporation in use for the public or held for future use for the public is not subject to levy and sale under executions. All property held by a municipal corporation is presumptively for public use.   (Civil Code 1895, § 750; Civil Code 1910, § 899; Code 1933, § 69-305.)   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   JUDICIAL DECISIONS    All property of every kind held by municipality is presumptively for public use, and while perhaps the presumption may be overcome on proof of a holding for other purposes, as a mere investment to reap profits and save taxes, and with no ulterior purpose to apply the investment to the use or enjoyment of the public thereafter, yet the onus would be upon the plaintiff in execution to make that proof. Curry v. Mayor of Savannah, 64 Ga. 290, 37 Am. R. 74 (1879).   Municipal property held in proprietary capacity subject to sale.    - As a general rule, property held by a municipality for governmental or public uses cannot be sold without express legislative authority, but must be devoted to the use and purpose for which the property was intended; the rule is otherwise as to property held by a municipality in the municipality's proprietary or private capacity if not devoted to any specific public use. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).   Land not used for public use subject to sale.    - Though land be bought for a public use, if not actually used for such purpose it cannot be said to be held by the municipality as a public trust, and may be sold. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).    When property held by municipality for governmental or public use is abandoned as to such use, the municipality may sell the property without express legislative approval. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).    Town schoolhouse is not subject to levy and sale by virtue of judgment and execution against the town, regardless of whether it is run as a free school, or rented to private teachers, who charge tuition; and consequently, if the house be destroyed by fire, the insurance therefor cannot be reached by garnishment by the judgment creditor. Fleishel & Kimsey v. Hightower, 62 Ga. 324 (1879); Walden v. Town of Whigham, 120 Ga. 646, 48 S.E. 159 (1904).    Cited in Pembroke State Bank v. Balboa Ins. Co., 144 Ga. App. 609, 241 S.E.2d 483 (1978).   OPINIONS OF THE ATTORNEY GENERAL   Lease to private entity prohibited absent express authority.   - Property held by a municipality for the public use and the benefit of the municipality's citizens cannot be leased to a private entity without express legislative authority in the absence of other applicable exceptions. 1992 Op. Att'y Gen. No. U92-9.   RESEARCH REFERENCES   C.J.S.   - 63 C.J.S., Municipal Corporations, §§ 1153, 1154, 1162.
GA Code § 36-34-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-4. Establishment of Facilities and Services for Treatment of Patients

 In addition to the other powers it may have, the governing body of any municipal corporation may provide for the general health and welfare by establishing hospitals and clinics for the reception and treatment of charitable and pay patients. It shall have the power to contract with any state agency or political subdivision of this state to provide joint facilities or services for the care and treatment of patients.   (Ga. L. 1962, p. 140, § 3; Ga. L. 1992, p. 6, § 36.)   Cross references.   - Hospital authorities, T. 31, C. 7, A. 4.   Care of indigent and elderly patients, T. 31, C. 8.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, §§ 10, 11. 40A Am. Jur. 2d, Hospitals and Asylums, § 42 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 481.   C.J.S.   - 39A C.J.S., Health and Environment, §§ 4, 6. 41 C.J.S., Hospitals, § 12 et seq.   ALR.    - Power of municipality to acquire and operate ice plant, 68 A.L.R. 872.    Power of municipalities or other political subdivisions to engage in a joint project or enterprise, 123 A.L.R. 997.   Municipal power to condemn land for cemetery, 54 A.L.R.2d 1322.   Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 A.L.R.3d 998.
GA Code § 36-34-5.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-5.1. Lease Agreements for Providing Library Services

 Notwithstanding any provision of law to the contrary, each municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding lease agreements with nonprofit corporations, classified as public foundations (not private foundations) under the United States Internal Revenue Code, for the stated purpose of providing library services for any period of time not to exceed 15 years.   (Ga. L. 1981, p. 833, § 1; Ga. L. 1987, p. 191, § 9.)   Editor's notes.   - Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, provided that this Act is applicable to taxable years ending on or after March 11, 1987, and that a taxpayer with a taxable year ending on or after January 1, 1987, and before March 11, 1987, may elect to have the provisions of that Act apply.   Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by that Act.   Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which as of January 1, 1987, were not yet effective become effective for purposes of Georgia taxation on the same dates as they become effective for federal purposes.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 493.   C.J.S.   - 63 C.J.S., Municipal Corporations, § 1147.   ALR.    - Exercise of eminent domain for purpose of library, 66 A.L.R. 1496.
GA Code § 36-34-5.2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-5.2. Leases and Contracts for Operation and Maintenance of Botanical Gardens in Municipal Corporations Having Population of More Than 300,000

 Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 50 years to provide for the operation and maintenance of botanical gardens on municipal property.    (Ga. L. 1979, p. 4196, § 1; Code 1981, §36-34-5.2, enacted by Ga. L. 1982, p. 2107, § 37.)
GA Code § 36-34-5.3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-5.3. Leases and Contracts for Operation and Maintenance of Public Zoos in Municipal Corporations Having Population of More Than 300,000

 Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 50 years to provide for the operation and maintenance of public zoos on municipal property.    (Ga. L. 1980, p. 3734, § 1; Code 1981, §36-34-5.3, enacted by Ga. L. 1982, p. 2107, § 38.)