reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 6 - DOCUMENTATION BY HOME INSPECTORS (§§ 8-3-330 — 8-3-332) › Section 8-3-330 - "Home inspector" defined

As used in this article, the term "home inspector" means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating system, air-conditioning system, plumbing, on-site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for a prospective purchaser or seller.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 6 - DOCUMENTATION BY HOME INSPECTORS (§§ 8-3-330 — 8-3-332) › Section 8-3-331 - Documentation required

Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying:
(1)
The scope of the inspection, including those structural elements, systems, and subsystems to be inspected;
(2)
That the inspection is a visual inspection; and
(3)
That the home inspector will notify in writing the person on whose behalf such inspection is being made of any defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent and corrective action necessary for such defects.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 6 - DOCUMENTATION BY HOME INSPECTORS (§§ 8-3-330 — 8-3-332) › Section 8-3-331.1 - Licensing authority of political subdivision

Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 6 - DOCUMENTATION BY HOME INSPECTORS (§§ 8-3-330 — 8-3-332) › Section 8-3-332 - Criminal penalty

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-1 - Short title

This chapter shall be known and may be cited as the "Redevelopment Law."
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-2 - Legislative findings and declaration of necessity

It is found and declared:
(1)
That there exist in many communities within this state blighted areas, as defined in Code Section
8-4-3
, or areas in the process of becoming blighted;
(2)
That such areas impair economic values and tax revenues; that such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;
(3)
That the clearance, replanning, and preparation for rebuilding of these areas and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern;
(4)
That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land; that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose;
(5)
That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment;
(6)
That there exists an emergency housing shortage of decent, safe, and sanitary dwellings for families of low income; and
(7)
That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-4 - Power of authorities to prepare redevelopment plans and to undertake redevelopment projects; scope of authorities' powers, privileges, and immunities

Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the "Housing Authorities Law," is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the "Housing Authorities Law," and any other provision of law relating to slum clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by eminent domain or purchase, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections
8-3-11
and
8-3-12
shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-5 - Approval of redevelopment projects by cities

An authority shall not initiate any redevelopment project under this chapter until the governing body, planning agency, or other legally designated and empowered public agency of each city in which any of the area to be covered by the project is situated has approved the redevelopment plan for the redevelopment project area.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-6 - Power of authorities to make property available for use by private enterprise or public agencies; manner of valuation of property; obligations of purchasers and lessees

(a)
An authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its fair value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purpose specified in such plan.
(b)
To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees:
(1)
To use the land for the purpose designated in the redevelopment plan;
(2)
To begin the building of improvements within such period of time as the authority fixes as reasonable; and
(3)
To comply with such other conditions as are necessary to carry out the purposes of this chapter.
Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-7 - Taxation of leased property

Any property which the authority leases to private corporations, individuals, or partnerships for development under a redevelopment plan shall have the same tax status as if such leased property were owned by such private corporations, individuals, or partnerships.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-8 - Acquisition and development by authorities of lands not within blighted areas for redevelopment projects; findings required prior to acquisition; projects involving more than one city

(a)
Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment.
(b)
In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-9 - Cooperation by state public bodies in aid of redevelopment projects

Any state public body, as defined in Code Section
8-3-152
, shall have the same rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects that such state public body has pursuant to Article 2 of Chapter 3 of this title, the "Housing Cooperation Law," for the purpose of assisting the development or administration of slum clearance and housing projects, in the same manner as though Article 2 of Chapter 3 of this title were applicable to redevelopment projects undertaken under this chapter.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-10 - Financial aid from federal government; security for aid

An authority may borrow money or accept contributions from the federal government to assist in its undertakings and redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself, in any contract with the federal government for financial assistance, to convey to the federal government the project to which said contract relates upon the occurrence of a substantial default thereunder), in the same manner as though it were securing such aid in connection with slum clearance and housing projects under Article 1 of Chapter 3 of this title, the "Housing Authorities Law."
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-11 - Bonds and other obligations as legal investments and security

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to this chapter, which bonds or obligations are secured by a contract with the federal government for financial assistance, shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations which are secured by a contract with the federal government for annual contributions issued pursuant to Article 1 of Chapter 3 of this title, the "Housing Authorities Law," in connection with the development of slum clearance or housing projects.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 4 - CLEARANCE AND REHABILITATION OF BLIGHTED AREAS (§§ 8-4-1 — 8-4-12) › Section 8-4-12 - Investment in projects; acquisition, development, and sale of lands and improvements in project areas

Notwithstanding any restriction or limitation on investments contained in any other laws of this state, any building and loan association, any savings and loan association, any investment company, or any insurance company or association is authorized:
(1)
To invest its funds in projects contemplated by this chapter;
(2)
To acquire and hold land;
(3)
To acquire or erect apartment, tenement, or other dwelling houses, not including hotels but including accommodations for retail stores, shops, offices, and other community services reasonably incidental to such projects; to own, maintain, manage, and collect or receive income from such apartment, tenement, or other dwelling houses; and
(4)
To sell or convey such land and the improvements thereon.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-2 - Legislative purpose

The General Assembly finds and declares that the State of Georgia has a responsibility for expanding public experience with art. The General Assembly recognizes that other states have enacted legislation requiring the expenditure of 1 percent of funds allocated for the construction of state buildings for works of art for such buildings.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-3 - Definitions

As used in this chapter, the term:
(1)
"Acquisition" means acquisition by purchase, lease, or commission.
(2)
"Council" means the Georgia Council for the Arts.
(3)
"State buildings" means state office buildings, hospitals, prisons, buildings of state authorities, and such other state buildings which the Georgia Council for the Arts deems appropriate for the inclusion of art as provided in this chapter but shall not mean either the state capitol or the capitol education center.
(4)
"Work of art" means any work of visual art, including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature; crafts, including crafts in clay, textile, fiber, wood, metal, plastic, glass, or like materials; or mixed media, including a collage, assemblage, or any combination of the foregoing art media. The term "work of art" does not include environmental landscaping placed about a state building.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-4 - Gifts and appropriations

(a)
Financing of works of art in state buildings shall be subject to appropriations by the General Assembly. The Governor shall include a budget item for art in state buildings in the budget of the Office of Planning and Budget in the annual budget submitted to the General Assembly.
(b)
The council may accept grants, gifts, donations, bequests, or federal money made in connection with the art in state buildings program and expend such funds for the purposes of this chapter.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-6 - Purchases and commissions exempt from bidding requirements

Except as otherwise provided in this chapter, the selection and commissioning of artists and the purchase and execution of works of art for state buildings shall be exempt from the provisions of law relating to bidding requirements in connection with state buildings.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-7 - Ownership rights; rights of artists

(a)
The state shall receive sole ownership of each work of art acquired pursuant to this chapter, including all tangible rights and privileges thereof, subject to the following intangible rights retained by the artist:
(1)
The right to claim authorship of the work of art;
(2)
The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws. Such rights may be limited by written contract; and
(3)
If provided by written contract, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of the sale of the building in which the work of art is located.
(b)
The rights granted to the artist by subsection (a) of this Code section may by written contract be extended to such artist's heirs, assigns, or personal representatives until after the end of the twentieth year following the death of such artist.
(c)
Prior to execution of a written contract, the artist shall be informed in writing of the rights specified in subsections (a) and (b) of this Code section which may be granted by contract to the artist or to the artist's heirs, assigns, or personal representatives.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-8 - Annual report

In consultation with the director of the Office of Planning and Budget, the council shall prepare an annual report relative to the art in state buildings program pursuant to this chapter. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. Such report may be submitted as part of a report on the activities and programs of the council.
Amended by 2005 Ga. Laws 333,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 5 - ART IN STATE BUILDINGS (§§ 8-5-1 — 8-5-9) › Section 8-5-9 - Sale of works of art by state

If a work of art acquired pursuant to this chapter is to be sold by the state, such sale shall be made to the highest bidder, conditioned on the work of art first being offered to the artist at the bid price.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 6 - CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS (§§ 8-6-1 — 8-6-4) › Section 8-6-1 - Short title

This chapter shall be known and may be cited as the "Construction Activity Prohibition on Abandoned Landfills Act of 1988."
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 6 - CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS (§§ 8-6-1 — 8-6-4) › Section 8-6-2 - Definitions

As used in this chapter, the term:
(1)
"Construction activity" means to erect or build an enclosed building or structure of any type, kind, or design.
(2)
"Division" means the Environmental Protection Division of the Department of Natural Resources.
(3)
"Landfill" means any location operated as a commercial venture for profit or operated by a county or municipality for the disposal of solid wastes or any location where a private owner accepts solid wastes for compensation from sources other than his own property for disposal.
(4)
"Solid waste" means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 6 - CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS (§§ 8-6-1 — 8-6-4) › Section 8-6-3 - Division landfill records; filing notice of existence of landfill

(a)
The division shall maintain records on each landfill operated now or in the future in this state, which records shall include an accurate legal description of the boundaries of the landfill and the dates of its operation.
(b)
The division shall file notice of the existence of the landfill with the clerk of the superior court of the county or counties within which the landfill is located.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 6 - CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS (§§ 8-6-1 — 8-6-4) › Section 8-6-4 - Permit required for construction of building or enclosed structure; exception

(a)
No person shall construct any building or enclosed structure of any type, kind, or design on any real property on which a landfill on the public records has been located without first obtaining a permit for such construction from the local governing authority.
(b)
This Code section shall not apply to construction activity by public service corporations or to the construction of roads, highways, or bridges.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-1 - Definitions

As used in this title, the term:
(1)
"Action" means the judicial means of enforcing a right.
(2)
"Civil action" means an action founded on private rights, arising either from contract or tort.
(3)
"Penal action" means an action allowed in pursuance of public justice under particular laws.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-2 - Actions in personam; actions in rem

(a)
An action may be against the person, or against property, or both.
(b)
Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-3 - Remedy for every right

For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-4 - Pursuit of consistent or inconsistent remedies

A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-5 - Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception

(a)
No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter.
(b)
The rule requiring a plaintiff to elect shall not apply to a prior attachment against property where the defendant is subsequently served personally nor to an attachment obtained during the pendency of an action. However, the judgment in the case against the person shall set out the fact of its identity with the proceedings against the property.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-6 - Demand prior to action not necessary

No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-7 - Implied promise to pay for services or property

Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 1 - GENERAL PROVISIONS (§§ 9-2-1 — 9-2-8) › Section 9-2-8 - Private rights of action not created unless expressly stated

(a)
No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein.
(b)
Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract or for breach of legal or private duties as set forth in Code Sections
51-1-6
and
51-1-8
or in Title 13.
Added by 2010 Ga. Laws 543,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-20 - Parties to actions on contracts; action by beneficiary

(a)
As a general rule, an action on a contract, whether the contract is expressed, implied, by parol, under seal, or of record, shall be brought in the name of the party in whom the legal interest in the contract is vested, and against the party who made it in person or by agent.
(b)
The beneficiary of a contract made between other parties for his benefit may maintain an action against the promisor on the contract.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-21 - Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits

(a)
An action for a tort shall, in general, be brought in the name of the person whose legal right has been affected. In the case of an injury to property, a tort action shall be brought in the name of the person who was legally interested in the property at the time the injury thereto was committed or in the name of his assignee.
(b)
An action for a tort shall be brought against the party committing the injury, either by himself, his servant, or an agent in his employ.
(c)
If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the representative or attorney who has actual knowledge of the receipt of said benefits shall notify the Department of Community Health of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Community Health with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiating recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in court.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-22 - Joinder of defendants in action for deficiencies in construction

In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies who bonded the performance of the parties defendant.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-23 - Separate action by tenant in common

A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-24 - Action by unincorporated association

An action may be maintained by and in the name of any unincorporated organization or association.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-25 - Action against unincorporated association; service of process; venue; what property bound by judgment

(a)
Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association.
(b)
Service of process in the action against the organization or association shall be had by service upon any officer or official member of such organization or association, or upon any officer or official member of any branch or local of the organization or association, provided that any such organization or association may file with the Secretary of State a designated officer or agent upon whom service shall be had and his residence address within the state. If the designation is made and filed, service of process shall be had only on the officer or agent designated, if he can be found within the state.
(c)
The organization or association shall be suable in any cause of action. The action may be maintained in any county where the organization or association does business or has in existence a branch or local organization.
(d)
Where a judgment in such actions is rendered in favor of the plaintiff against the organizations or associations, the property of the organization or association shall be liable to the satisfaction of the judgment. No such judgment shall be enforced against the individual property of any member of an unincorporated association, unless the member has personally participated in the transaction for which the action was instituted and has been served with process as provided by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-26 - Prosecution of action against less than all joint contractors or copartners

When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the plaintiff may proceed to judgment and execution against the defendants served with process in the same manner as if they were the sole defendants. If any of the defendants die pending the action, his representative may be made a party and the case may proceed to judgment and execution as in other cases against the representatives of deceased persons.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-27 - Action against representative of joint obligor

Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance with the conditions of such bond or obligation in writing, the person holding the bill, bond, note, or other obligation in writing shall not be compelled to bring an action against the survivors alone, but may at his discretion bring an action against (1) the survivor or survivors, (2) the representative or representatives of the deceased person or persons, or (3) the survivor or survivors and the representative or representatives of the deceased person or persons in the same action. However, nothing contained in this Code section shall authorize the bringing of an action against the representative of any estate until six months after the probate of the will or the granting of letters of administration on the estate or estates. This Code section shall be so construed as to embrace debts against copartners as well as debts against joint or joint and several contractors.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-28 - Effect of action by minor alone

An action commenced and prosecuted by an infant alone shall not be void. Although the action may be defective in wanting a guardian or next friend, the defect shall be amendable before verdict and cured by verdict.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-29 - Plaintiff in penal action

If no special officer is authorized to be the plaintiff in a penal action, the state, the Governor, the Attorney General, or a prosecuting attorney may be the plaintiff.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 2 - PARTIES (§§ 9-2-20 — 9-2-30) › Section 9-2-30 - Substitution of plaintiff's spouse or others in action on chose in action assigned as year's support

When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year's support, the surviving spouse personally or for the use of the surviving spouse and the children, or, in the event of children only, a next friend for the children may be made a party plaintiff upon the same terms and in the same manner that administrators are made parties plaintiff to actions in favor of their intestate, upon the submission by the person to the court of a certified copy of the assignment; and the action shall proceed in the name of the parties so made.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-40 - No abatement on death of party where cause survives

No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-41 - Nonabatement of tort actions; survival of cause; no punitive damages against representative

No action for a tort shall abate by the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action or cause of action for the recovery of damages for homicide, injury to the person, or injury to property abate by the death of either party. The cause of action, in case of the death of the plaintiff and in the event there is no right of survivorship in any other person, shall survive to the personal representative of the deceased plaintiff. In case of the death of the defendant, the cause of action shall survive against said defendant's personal representative. However, in the event of the death of the wrongdoer before an action has been brought against him, the personal representative of the wrongdoer in such capacity shall be subject to the action just as the wrongdoer himself would have been during his life, provided that there shall be no punitive damages against the personal representative.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-42 - Death of one or more codefendants; suggestion of record

In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-43 - No abatement where some defendants not liable

An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-44 - Effect of former recovery; pendency of former action

(a)
A former recovery or the pendency of a former action for the same cause of action between the same parties in the same or any other court having jurisdiction shall be a good cause of abatement. However, if the first action is so defective that no recovery can possibly be had, the pendency of a former action shall not abate the latter.
(b)
Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-45 - No abatement for pendency of action in another state

The pendency of a prior action in another state shall not abate an action between the same parties for the same cause in this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-46 - Institution of action on same cause in other state; setting case in this state; postponement limited

(a)
Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered in the other state might be pleadable in the case in this state as affecting the relief sought, it shall be the duty of the judge of the court in which the case is pending to set the case specially and ahead of all other business for trial as the first case at the next ensuing term of the court, except for other cases having precedence for the same reason.
(b)
No case so assigned for trial shall be continued or postponed for more than 30 days for any cause whatsoever at the instance of the party who has instituted the case or proceedings in the foreign state. The case may be postponed from day to day for good cause for not exceeding 30 days at the instance of such party, but after being postponed for the 30 days it shall not be further postponed at his instance. If the term of court ends within the 30 days and the case has not been continued for the term, it shall stand for trial as the first case at the next ensuing term. This Code section shall not be applied so as to set any case for trial before proper times have elapsed for notice, the filing of defensive pleadings, and discovery. Proper time limits for discovery shall be in the discretion of the judge.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 3 - ABATEMENT (§§ 9-2-40 — 9-2-47) › Section 9-2-47 - Precedence of first filed informer's action; abatement of others

In the case of actions by informers to recover any fine, forfeiture, or penalty, the first filed in the clerk's office shall have precedence for the same cause of action and the latter filed actions shall abate.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 4 - DISMISSAL AND RENEWAL (§§ 9-2-60 — 9-2-63) › Section 9-2-60 - Dismissal for want of prosecution; costs; recommencement within six months

(a)
For the purposes of this Code section, an order of continuance will be deemed an order and the word "proceedings" shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding.
(b)
Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.
(c)
When an action is dismissed under this Code section, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 4 - DISMISSAL AND RENEWAL (§§ 9-2-60 — 9-2-63) › Section 9-2-61 - Renewal of case after dismissal

(a)
When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section
9-11-41
; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once.
(b)
This Code section shall not apply to contracts for the sale of goods covered by Article 2 of Title 11.
(c)
The provisions of subsection (a) of this Code section granting a privilege of renewal shall apply if an action is discontinued or dismissed without prejudice for lack of subject matter jurisdiction in either a court of this state or a federal court in this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 4 - DISMISSAL AND RENEWAL (§§ 9-2-60 — 9-2-63) › Section 9-2-62 - Retraxit and dismissal or discontinuance distinguished

A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff's right of action. Where a retraxit is entered by the plaintiff and a judgment is entered thereon by the defendant, the plaintiff's right of action shall be forever gone. A dismissal or discontinuance is negative, and the plaintiff may recommence his action on the payment of costs.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 2 - ACTIONS GENERALLY (§§ 9-2-1 — 9-2-63) › Article 4 - DISMISSAL AND RENEWAL (§§ 9-2-60 — 9-2-63) › Section 9-2-63 - Affidavit of indigence for renewal of action

When any action is dismissed or discontinued and the plaintiff desires to recommence his action, if he will make and file with his complaint, summons, or other proceedings an affidavit in writing stating that he is advised and believes that he has good cause for recommencing his action and that because of his indigence he is unable to pay the costs that have accrued in the case, he shall have the right to renew the action without payment of the cost as aforesaid.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-1 - Limitations against the state

Except as otherwise provided by law, the state shall be barred from bringing an action if, under the same circumstances, a private person would be barred.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-2 - Limitations against municipalities

Any claim or demand held by any municipality not in the nature of a special contract or not reduced to execution shall be barred by the general statutes of limitation of force, and all executions issued by any municipality shall be subject to the same laws relating to the statutes of limitation governing other executions.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-3 - Applicability of limitation statutes; equitable bar

Unless otherwise provided by law, limitation statutes shall apply equally to all courts. In addition, courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-4 - [Repealed] Limitations as to trusts

Reserved. Repealed by Ga. L. 1991, p. 810, § 3, effective July 1, 1991.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-5 - Beneficiaries barred along with trustee

Where a trustee is barred, the beneficiaries of the estate represented by him shall also be barred.