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2018 Georgia Code 36-82-76 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-82-76 Case Law from Google Scholar Amendments to OCGA 36-82-76

TITLE 36 LOCAL GOVERNMENT

Chapter 82 information not found

ARTICLE 3 REVENUE BONDS

36-82-76. Notice of hearing on validation.

Prior to the hearing of the case, the clerk of the superior court of the county in which it is to be heard shall publish, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of the case the same will be heard. Such publication shall be in the newspaper which is the official organ of the county in which the sheriff's advertisements appear.

(Ga. L. 1937, p. 761, § 12; Ga. L. 1966, p. 48, § 1.)

Law reviews.

- For note, "Procedural requirements for public approval of tax-exempt industrial development bonds under TEFRA", 19 Ga. St. B.J. 84 (1982).

JUDICIAL DECISIONS

Constitutionality.

- See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).

Notice sufficient.

- Although a scrivener's error stated that the hearing would regard the validation of a bond issued by the county industrial building authority, because the notice made clear that it was meant to refer to a case involving the airport authority, not the industrial building authority, the notice of the bond validation hearing was sufficient as the record supported a finding of substantial compliance. Avery v. State of Ga., 295 Ga. 630, 761 S.E.2d 56 (2014).

Cited in Darby v. City of Vidalia, 75 Ga. App. 804, 44 S.E.2d 454 (1947); Dade County v. State, 77 Ga. App. 139, 48 S.E.2d 144 (1948); Youngblood v. State, 259 Ga. 864, 388 S.E.2d 671 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 357.

C.J.S.

- 64A C.J.S., Municipal Corporations, §§ 2135, 2136, 2139 et seq.

Cases Citing O.C.G.A. § 36-82-76

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Savage v. State of Georgia, 297 Ga. 627 (Ga. 2015).

Cited 28 times | Published | Supreme Court of Georgia | Jun 29, 2015 | 774 S.E.2d 624

...icient notice of the validation hearing. The hearing was held on Monday, July 7, 2014. As required by the revenue bond law, notice of the hearing was provided in the Marietta Daily Journal the preceding two weeks, on June 27 and July 4. See OCGA § 36-82-76 (requiring that notice informing the public of the date of the bond validation hearing be published in the official organ of the county “once during each of the two successive weeks immediately preceding the week in which the hearing...
...Thus, any potential confusion about the location of 37 the hearing caused by the change in the presiding judge was sufficiently addressed, and indeed all three Appellants made it to the right courtroom at the right time for the hearing. Moreover, OCGA § 36-82-76 does not require that the hearing notices identify which individual judge will preside over the hearing. “‘If the notice is sufficient to put the individual citizen on notice that the municipality, county, or political division of...
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Sherman v. City of Atlanta, 293 Ga. 169 (Ga. 2013).

Cited 24 times | Published | Supreme Court of Georgia | Jun 17, 2013 | 744 S.E.2d 689, 2013 Fulton County D. Rep. 1818

...ocation increments: the City, Fulton County, and the Atlanta Independent School System (collectively, “Appellees”). The trial court scheduled a bond validation hearing for May 8, 2012, and notice of the hearing was given to the public. See OCGA § 36-82-76....
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Ambac Indem. Corp. v. Akridge, 425 S.E.2d 637 (Ga. 1993).

Cited 15 times | Published | Supreme Court of Georgia | Feb 5, 1993 | 262 Ga. 773, 93 Fulton County D. Rep. 480

...[1] The December 1988 validation proceeding followed the statutory requirements of the Revenue Bond Law. See OCGA §§ 36-82-74 to 36-82-83. The superior court clerk published a public notice of the hearing in the official county organ two times during the weeks immediately preceding the hearing. See OCGA § 36-82-76....
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Youngblood v. State of Ga., 388 S.E.2d 671 (Ga. 1990).

Cited 13 times | Published | Supreme Court of Georgia | Feb 15, 1990 | 259 Ga. 864

...elating to the expenditure of income from the operation of the proposed stadium. 5. The remaining enumerations of error concerning the Stadium Funding Agreement are without merit. Bond Validation 6. Foster argues that the notice provisions of OCGA §§ 36-82-76; 36-82-77 (a) are insufficient to meet the requirements of due process....
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Charlton Dev. Auth. v. Charlton Cnty., 317 S.E.2d 204 (Ga. 1984).

Cited 13 times | Published | Supreme Court of Georgia | Jul 2, 1984 | 253 Ga. 208

...actual knowledge and statutory notice of the validation proceedings. All of the issues regarding the tax levy agreements which the County attempts to raise, could have been asserted therein, and any adverse judgment could have been appealed. OCGA §§ 36-82-76, 36-82-77 and 36-82-78; Miller v....
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Cottrell Et Al. v. Atlanta Dev. Auth. Et Al., 297 Ga. 1 (Ga. 2015).

Cited 6 times | Published | Supreme Court of Georgia | Mar 16, 2015 | 770 S.E.2d 616

...A notice to the public was filed on that same day, as well as a Rule Nisi Order setting the bond validation hearing for February 17, 2014. Notice of the proceeding was published in the Fulton County Daily Report on February 7, 2014 and February 14, 2014 as required by OCGA § 36-82-76....
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Avery v. State of Georgia, 295 Ga. 630 (Ga. 2014).

Cited 5 times | Published | Supreme Court of Georgia | Jun 30, 2014 | 761 S.E.2d 56

...Downtown Development Authority of City of Atlanta, 256 Ga. 158 (345 SE2d 581) (1986) (Nations II). 3. Avery contends that the trial court erred in its determination that sufficient public notice was given for the bond validation hearing. OCGA § 36-82-76 provides: Prior to the hearing of [a bond validation] case, the clerk of the superior court of the county in which it is to be heard shall publish, 8 once during each of the tw...

Cottrell v. Atlanta Dev. Auth., D/B/A Invest Atlanta (Ga. 2015).

Published | Supreme Court of Georgia | Mar 16, 2015 | 761 S.E.2d 56

...A notice to the public was filed on that same day, as well as a Rule Nisi Order setting the bond validation hearing for February 17, 2014. Notice of the proceeding was published in the Fulton County Daily Report on February 7, 2014 and February 14, 2014 as required by OCGA § 36-82-76....