reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-45 - Operation of notice of appeal as supersedeas in criminal cases; bond; review

(a)
In all criminal cases, the notice of appeal filed as provided in Code Sections
5-6-37
and
5-6-38
shall serve as supersedeas in all cases where a sentence of death has been imposed or where the defendant is admitted to bail. If the sentence is bailable, the defendant may give bond in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's personal appearance to abide the final judgment or sentence of the court. If the judgment or sentence is or includes a fine which is unconditionally required to be paid, and is not required to be paid over a period of probation, nor as a condition of a suspended or probated sentence, nor as an alternative sentence, the bond may also be conditioned upon payment of the fine at the time the defendant appears to abide the final judgment or sentence.
(b)
If the defendant is a corporation which has been convicted as provided in Code Section
17-7-92
, the presiding judge, on the motion of the defendant, prosecuting attorney, or on its own motion, may order that supersedeas be conditioned upon the posting of a supersedeas bond. Said order may be entered either before or after the filing of a motion for a new trial or notice of appeal. The bond shall be in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's appearance, by and through a corporate officer, agent, or attorney at law, to satisfy the judgment, together with all costs and interest. If the corporation fails to make the bond as ordered, the prosecuting attorney or other proper officer may use any and all lawful process and procedures available to enforce and collect the judgment. Should final judgment be entered in favor of the defendant, the presiding judge shall order a refund of all amounts collected in satisfaction of the judgment. The State of Georgia, and its political subdivisions, district attorney, solicitor-general, sheriff, marshal, all other proper officers, and all agents and employees of the aforementioned persons shall be immune from all civil liability for acts and attempts to enforce and collect a judgment under this subsection.
(c)
Any supersedeas bond may be reviewed by the presiding judge on the motion of defendant, prosecuting attorney, or on its own motion, and the court may require new or additional security, or order the bond strengthened, increased, reduced, or otherwise amended as justice may reasonably require.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-47 - Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases; procedure for contests as to truth of affidavit

(a)
In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to pay costs or to post a supersedeas bond, if any, as may be required by the trial judge as provided in Code Section
5-6-46
, the notice of appeal and affidavit of indigence shall act as supersedeas.
(b)
Any party at interest or his agent or attorney may contest the truth of the affidavit of indigence by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the trial court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-49 - Bills of exceptions, exceptions pendente lite, assignments of error abolished; contents of motions for new trial and for j.n.o.v

(a)
Bills of exceptions, exceptions pendente lite, assignments of error, and all rules relating thereto are abolished.
(b)
Motions for new trial and for judgment notwithstanding the verdict need not set out portions of the record or transcript of evidence and it shall not be necessary that the grounds thereof be complete in themselves or be approved by the court; provided, however, that the motions must be sufficiently definite to inform the opposite party of the contention of the movant.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-50 - Procedure provided by article supersedes former appellate procedure

The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past; and, where under any law of force in this state provision is made for the taking of writs of error or bills of exception, the procedure prescribed in this article shall be deemed to apply in lieu thereof as to the procedure and as to all time requirements.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-2 - Certification required for immediate review of nonfinal orders, decisions, or judgments; exception; motion for new trial

(a)
Except as provided in subsection (b) of this Code section, in any appeal under this chapter where the order, decision, or judgment is not final, it shall be necessary that the trial judge certify within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that an immediate review should be had.
(b)
A certificate of immediate review shall not be required from an:
(1)
Order, decision, or judgment suppressing or excluding evidence as set forth in paragraph (4) or (5) of subsection (a) of Code Section
5-7-1
; or
(2)
Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section
5-7-1
.
(c)
For purposes of this Code section, the granting of a motion for new trial or an extraordinary motion for new trial shall be considered a final order.
Amended by 2013 Ga. Laws 84,§ 2, eff. 7/1/2013.
Amended by 2012 Ga. Laws 709,§ I-1-2, eff. 7/1/2012.
Amended by 2011 Ga. Laws 200,§ 1, eff. 5/12/2011.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-3 - Right of certiorari or petition for review

A proceeding by certiorari or petition for review may be taken by and on behalf of the State of Georgia from one court to another court of this state, where the right of certiorari is provided as a procedure for appealing a judgment, in the specified situations set forth in Code Sections
5-7-1
and
5-7-2
.
Amended by 2023 Ga. Laws 352,§ 3, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after 71/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-4 - Time limits and procedures governing appeal and certiorari by state

An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-5 - Right of accused to bail; amount of bail reviewable by appellate court

In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-6 - Construction of chapter

This chapter shall be liberally construed to effectuate the purposes stated in this chapter.
Added by 2013 Ga. Laws 84,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 1 - GENERAL PROVISIONS (§§ 6-1-1 — 6-1-4) › Section 6-1-1 - Powers and duties of Department of Transportation - Aviation and aviation facilities generally

The Department of Transportation shall have the following powers and duties:
(1)
To plan for and establish a long-term policy in regard to the establishment, development, and maintenance of aviation and aviation facilities in the state;
(2)
To promote and encourage the use of aviation facilities of the state for air commerce in the state and between the state, other states, and foreign countries;
(3)
To cooperate, counsel, and advise with the State Transportation Board in regard to the planning, construction, development, and maintenance of airports, landing fields, and air navigation facilities in the state;
(4)
To cooperate, counsel, and advise with municipalities and other political subdivisions of the state and with other departments, boards, bureaus, commissions, agencies, or establishments, whether federal, state, or local, or public or private, for the purpose of promoting and obtaining coordination in the planning for and in the establishment of development, maintenance, and protection of a system of air routes, airports, landing fields, and other aviation facilities in the state.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 1 - GENERAL PROVISIONS (§§ 6-1-1 — 6-1-4) › Section 6-1-2 - Powers and duties of Department of Transportation - Establishment of air markers

(a)
The Department of Transportation is authorized to establish air markers at appropriate locations throughout the state to facilitate air navigation within the state. Said markers shall consist of painting on appropriately located roofs of buildings the names of towns or cities within which such buildings are located, such names to be painted in sufficient size to be legible under good visibility conditions from a height of at least 3,000 feet.
(b)
The department is authorized to obtain roof releases from the owners of buildings upon which air markers are to be painted, or otherwise to obtain permission from such owners to use such roofs for such purposes, and to pay the owners reasonable and nominal rentals therefor, if payment is necessary in order to obtain the appropriate permission for the use of such roofs for such purposes.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 1 - GENERAL PROVISIONS (§§ 6-1-1 — 6-1-4) › Section 6-1-4 - Unmanned aircraft system defined; preemption for unmanned aircraft systems; operations

(a)
(1)
As used in this Code section, the term "unmanned aircraft system" means a powered, aerial vehicle that:
(A)
Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
(B)
Uses aerodynamic forces to provide vehicle lift;
(C)
Can fly autonomously or be piloted remotely; and
(D)
Can be expendable or recoverable.
(2)
Such term shall not include a satellite.
(b)
Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:
(1)
Enforce any ordinance that was adopted on or before April 1, 2017;
(2)
Adopt an ordinance that enforces Federal Aviation Administration restrictions; or
(3)
Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes.
(c)
The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property.
Added by 2017 Ga. Laws 268,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-1 - Legislative intent

It is declared that the intent of this chapter is to coincide with the policies, principles, and practices established by the Federal Aviation Act of 1958 and all amendments thereto.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-2 - "Airman" defined

As used in this chapter, the term "airman" means any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while underway; and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; or any individual who serves in the capacity of aircraft dispatcher or air traffic control tower operator.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-3 - Effect of contractual and other legal relations entered into aboard aircraft while in flight over state

All contractual and other legal relations entered into by airmen or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-4 - Laws governing crimes committed aboard aircraft while in flight over state

Unless otherwise provided by law, all crimes committed by or against an airman or by or against a passenger or other person or on or by means of an aircraft while in flight over this state shall be governed by the laws of this state.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-5 - Lawful flight over lands and waters of state

Flight in aircraft over the lands and waters shall be lawful unless at such a low altitude as to interfere with the then existing reasonable use to which the land or water or space over the land or water is put by the owner of the land or water or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-5.1 - Operation or physical control of aircraft while under the influence of alcohol or drugs; penalty

(a)
A person shall not operate or be in actual physical control of an aircraft in this state:
(1)
Within eight hours after the consumption of any alcoholic beverage;
(2)
While under the influence of alcohol;
(3)
While using any drug that affects such person's faculties in any way contrary to safety; or
(4)
While there is 0.04 percent or more by weight of alcohol in his blood.
(b)
Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section
40-6-392
.
(c)
A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-5.2 - Homicide by aircraft

Any person who, without malice aforethought, causes the death of another person through the violation of Code Section
6-2-5.1
commits the offense of homicide by aircraft and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-6 - Rules for determination of liability for injury to or death of passengers

The liability of the operator of an aircraft carrying passengers, for injury to or death of such passengers, shall be determined by the rules of law applicable to torts on land arising out of similar relationships.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-7 - Rules for determination of liability of owners of aircraft for damages caused by collisions

The liability of the owner of one aircraft to the owner of another aircraft or to pilots on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-8 - Proof of injury to persons or property on ground deemed prima-facie evidence of negligence

Proof of injury inflicted to persons or property on the ground by the operation of any aircraft and contact therewith or by objects falling or thrown therefrom shall be prima-facie evidence of negligence on the part of the operator of such aircraft in reference to such injury.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-9 - Requirements as to licensing of aircraft

Since the public safety requires, and the advantages of uniform regulation make it desirable in the interest of aeronautical progress, that aircraft operating within the state should conform, with respect to design, construction, and airworthiness, to the standards prescribed by the federal government with respect to navigation of civil aircraft subject to its jurisdiction, it shall be unlawful for any person to operate or navigate any aircraft unless such aircraft has an appropriate effective license issued by the Federal Aviation Administration and is registered by the Federal Aviation Administration; provided, however, that this restriction shall not apply to military aircraft of the United States or possessions thereof, to public aircraft of any state or territory, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-10 - Requirements as to licensing of pilots

Since the public safety requires, and the advantages of uniform regulation make it desirable in the interest of aeronautical progress, that a person engaging in navigating or operating aircraft in any form of navigation shall have the qualifications necessary for obtaining and holding a pilot's license issued by the Federal Aviation Administration, it shall be unlawful for any person to operate or navigate any aircraft unless such person is the holder of an appropriate effective pilot's license or permit issued by the Federal Aviation Administration; provided, however, that this restriction shall not apply to those persons operating military aircraft of the United States or possessions thereof, or operating public aircraft of any state or territory, or operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-11 - Possession and display of licenses

The certificate of the license required for pilots shall be kept in the personal possession of the licensee when he is operating aircraft; the certificate of the license required for aircraft shall be kept in the aircraft at all times when the aircraft is being used; and either or both of the certificates must be presented for inspection upon the demand of any passenger, any peace officer, or any official, manager, or person in charge of any airport or landing field upon which the pilot or aircraft shall land.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 2 - REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY (§§ 6-2-1 — 6-2-12) › Section 6-2-12 - Penalty for violation of provisions of chapter

Any person violating any provision of this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 1 - GENERAL PROVISIONS (§ 6-3-1) › Section 6-3-1 - Construction and maintenance of air facilities by Department of Transportation

(a)
The Department of Transportation is authorized and empowered to construct and maintain airports, landing fields, air navigation facilities, and lighting and lighting fixtures and to contract with the counties and municipalities of the state for the construction and maintenance of such airports, landing fields, air navigation facilities, and lighting and lighting fixtures, all in accordance with the Federal Aviation Administration's specifications, regulations of the federal government, and upon such terms and conditions as the Department of Transportation may determine.
(b)
The State Transportation Board is given the right of eminent domain to acquire sites for such airports, landing fields, and air navigation facilities.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-20 - Acquisition, construction, maintenance, and control of airports and landing fields by local governments authorized

(a)
Counties, municipalities, and other political subdivisions are authorized, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft, either within or without the geographical limits of such counties, municipalities, and other political subdivisions, and may use for such purpose or purposes any available property that is owned or controlled by such counties, municipalities, or other political subdivisions. Counties and municipalities may enter into cooperative agreements with community improvement districts for the improvement of airports and landing fields within such community improvement districts, and community improvement districts may enter into such cooperative agreements with counties and municipalities for such purposes, in accordance with Article IX, Section VII of the Constitution.
(b)
All counties in the State of Georgia which are located on the boundary line between the State of Georgia and any other state, as well as all municipalities and other political subdivisions which are located in such boundary counties, are authorized, separately, jointly with each other, or jointly with any county, municipality, or political subdivision of any such border state, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft, either within or without the geographical limits of such border counties and the municipalities and other political subdivisions therein contained in the State of Georgia or within the geographical limits of any county, municipality, or political subdivision of any such border state other than the State of Georgia.
Amended by 2012 Ga. Laws 772,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-20.1 - Management, ownership, or control of airports by foreign citizens or businesses with substantial foreign ownership prohibited

(a)
As used in this Code section, the term:
(1)
"Airport" means the real and personal property constituting an airport as a complete entity or unit, and the management, operation, or control of an airport means the overall management, operation, or control of the airport as a complete entity or unit.
(2)
"Business entity with a substantial foreign ownership" means any business entity in which 25 percent or more of the equity in such business entity is owned by persons or other business entities that are not citizens of the United States.
(3)
"Citizen of the United States" means any individual person who is a citizen of the United States and any business entity incorporated or having its principal place of business in the United States, but the term shall not include any business entity with a substantial foreign ownership.
(4)
"Person" means an individual person.
(b)
No county, municipality, or other political subdivision and no public authority owning or controlling an airport shall sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport.
(c)
The provisions of subsection (b) of this Code section shall not prevent or be construed to prevent any person who is not a citizen of the United States or any business entity with a substantial foreign ownership from leasing or purchasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon or from leasing or subleasing portions of any airport for the purpose of allowing any other such person or entity to conduct its lawful business thereon.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-21 - Lands acquired, owned, leased, controlled, or occupied by local governments deemed for public purposes; effect on ad valorem taxation

Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section
6-3-20
shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, so long as the interests create an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality's interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section
6-3-20
, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation.
Amended by 2014 Ga. Laws 657,§ 1, eff. 4/29/2014.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-22 - Methods of acquisition of property for airports and landing fields

Private property needed by a county, municipality, or other political subdivision for an airport or landing field or for the expansion of an airport or landing field may be acquired by grant, purchase, lease, or other means, if such county, municipality, or other political subdivision is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which the county, municipality, or other political subdivision is authorized to acquire real property for public purposes; provided, however, that the power of condemnation may be exercised extraterritorially only with the consent of the governing authority of the county, municipality, or other political subdivision wherein the property is located, as expressed either in a resolution adopted by such governing authority, granting its consent to such condemnation, or by failure of such governing authority to adopt a resolution denying its consent to such condemnation within 60 days from the receipt of a resolution from the proposed condemnor requesting approval of such condemnation, or with the consent of the General Assembly, as expressed in a resolution enacted by the General Assembly, after denial of consent to such condemnation by the governing authority of the county, municipality, or other political subdivision wherein the property is located; provided, however, that for any proposed airport or airport expansion by a city into a county where such city is located, or by a county into a city located in such county, the decision of the governing body of the jurisdiction into which such proposed airport or airport expansion is to be located shall be final as to whether or not such power of condemnation may be exercised extraterritorially.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-23 - Payment of costs of acquisition of property for airports or landing fields

Costs of acquisition of real property, in accordance with this article, for an airport or landing field may be paid for by appropriation of moneys available therefor or wholly or partly from the proceeds of the sale of bonds of the county, municipality, or other political subdivision, as the legislative body of such political subdivision shall determine; subject however, to the adoption of a proposition therefor at a regular or special election, if the adoption of such a proposition is a prerequisite to the issuance of bonds of such county, municipality, or other political subdivision for public purposes generally.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-24 - Appropriation of funds for development, operation, maintenance, or control of air facilities

The local public authorities having power to appropriate moneys within the counties, municipalities, or other public subdivisions acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields under this article are authorized to appropriate and cause to be raised, by taxation or otherwise, in such counties, municipalities, or other political subdivisions, moneys sufficient to carry out therein the provisions of this article and to use for such purpose or purposes moneys derived from said airports or landing fields.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-25 - Powers and duties of counties, municipalities, and political subdivisions as to airports generally

Counties, municipalities, or other political subdivisions which establish airports or landing fields or which acquire, lease, or set apart real property for such purpose or purposes are authorized to:
(1)
Construct, equip, improve, maintain, and operate the same or vest authority for the construction, equipment, improvement, maintenance, and operation thereof in an officer, board, or body of the county, municipality, or other political subdivision. The expense of such construction, equipment, improvement, maintenance, and operation shall be a responsibility of the county, municipality, or other political subdivision;
(2)
Adopt regulations and establish charges, fees, and tolls for the use of such airports or landing fields, fix penalties for the violation of said regulations, and establish liens to enforce payment of said charges, fees, and tolls, subject to existing contracts;
(3)
Lease such airports or landing fields to private parties for operation or lease or assign to private parties for operation, space, area, improvements, and equipment on such airports or landing fields, provided in each case that in so doing the public is not deprived of its rightful, equal, and uniform use thereof; and
(4)
Lease portions of such property lying within any county having a population of 550,000 or more persons according to the United States decennial census of 1980 or any future such census for an initial term of up to 50 years, and to extend such leases, to private parties for development of such property for hotels and related facilities, conference centers, office buildings, commercial and retail uses, and other similar airport and travel related purposes, provided that:
(A)
A lease under this paragraph shall expressly grant and convey to the lessee a taxable estate for years in both the property and any improvements upon such property as may be constructed and shall not grant or convey a nontaxable usufruct in either the property or the improvements upon such property; and
(B)
The leasing authority granted under this paragraph shall not extend to property acquired for airport noise mitigation purposes pursuant to the former Airport and Airway Development Act of 1970 (
49 U.S.C. Section 1701
, et seq.), as amended, or the Airport and Airway Improvement Act of 1982 (
49 U.S.C. Section 2201
, et seq.), as amended.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-26 - Acquisition of rights and easements for radios, lights, markers, and other equipment associated with airport

Counties, municipalities, and other political subdivisions are authorized to acquire the right or easement for a term of years, or perpetually, to place and maintain radio and other equipment, and suitable marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime marking of buildings, or other structures or obstructions, for the safe operation of aircraft utilizing airports and landing fields acquired or maintained under this article. Such rights or easements may be acquired by grant, purchase, lease, or condemnation in the same manner as is provided in Code Section
6-3-22
for the acquisition of the airport or landing field itself or the expansion thereof.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-27 - Enforcement of police regulations at airports; powers of law enforcement officers

(a)
Counties, municipalities, or other political subdivisions acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields under this article outside the geographical limits of such subdivisions are specifically granted the right to enforce police regulations on such airports or landing fields.
(b)
A law enforcement officer of the county, municipality, or other political subdivision operating an airport or landing field outside the geographical limits of such political subdivision shall, when authorized by the county, municipality, or other political subdivision operating said airport or landing field, have the same law enforcement powers, including the powers of arrest, within such airport or landing field and on any public property within one-quarter mile of such airport or landing field as a law enforcement officer of the political subdivision in which such airport or landing field is located.
(c)
Nothing in this Code section shall be construed as limiting the authority of any law enforcement agency of the county, municipality, or other political subdivision in which such airport or landing field is located.
Amended by 2002 Ga. Laws 911,§ 2, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 3 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-1 — 6-3-28) › Article 2 - POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES (§§ 6-3-20 — 6-3-28) › Section 6-3-28 - Construction of article

It is the intent and purpose of this article that all provisions relating to the issuance of bonds and the levying of taxes for airport purposes and the condemnation for airports and airport facilities shall be construed in accordance with general provisions of the law governing the right and procedure of municipalities to condemn, issue bonds, levy taxes, etc.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-2 - Authority created; purposes

There is created the Georgia Airport Development Authority for the purposes of determination of location, construction, financing, acquisition of property, operation, and development of any new airports that are planned to accommodate aircraft operating under the provisions of 14 C.F.R. Part 121 within and outside the State of Georgia.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-4 - Corporate existence; status as political subdivision

The Georgia Airport Development Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the "Georgia Airport Development Authority." It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section
6-4-15
. The authority shall constitute a political subdivision within the meaning of Code Section
6-3-22
as enacted by the Georgia General Assembly in its 1992 regular session in Senate Bill 173.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-5 - Appointment of members; terms; filling of vacancies; officers; quorum; reimbursement for expenses; compensation of employees; legal services

(a)
The authority shall consist of eight members as follows:
(1)
Five members to be appointed by the Governor, at least three of whom shall have expertise in the field of aviation;
(2)
One member to be appointed by the Speaker of the House of Representatives, who shall not be a member of the General Assembly;
(3)
One member to be appointed by the President of the Senate, who shall not be a member of the General Assembly; and
(4)
The commissioner of transportation, who shall serve as chairman.
Two members appointed by the Governor and the members appointed by the Speaker of the House of Representatives and the President of the Senate shall serve for initial terms of two years and until their successors are appointed and qualified. The remaining members appointed by the Governor shall serve for initial terms of four years and until their successors are appointed and qualified. Thereafter, all members shall serve for terms of four years and until their successors are appointed and qualified. Any vacancy among the members so appointed, whether caused by expiration of term, death, resignation, or otherwise, shall be filled in the same manner as the membership position so vacated was last regularly filled. When the vacancy occurs other than by expiration of term, it shall be filled for the unexpired term and until a successor is appointed and qualified.
(b)
The authority shall elect a secretary and a treasurer, who need not necessarily be members of the authority. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. The chairman shall vote only in the event of a tie.
(c)
No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. If any member of the authority has any pecuniary interest in a project, the fact of such interest shall be disclosed by such member and recorded in the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(d)
The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement provided for members of certain boards and commissions pursuant to Code Section
45-7-21
while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(e)
The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections
45-15-13
through
45-15-16
shall be fully applicable.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-6 - Members accountable as trustees; conflict of interests; books and records

(a)
The members of the authority shall be accountable in all respects as trustees.
(b)
Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(c)
Provisions of Article 1 of Chapter 10 of Title 16 and Code Sections
16-10-21
and
16-10-22
, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(d)
Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (b) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 and Code Sections
16-10-21
and
16-10-22
, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
(e)
The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-8 - Requirements for issuance of revenue bonds, notes, or other obligations

Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have the power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.