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2018 Georgia Code 44-5-48 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-5-48 Case Law from Google Scholar Amendments to OCGA 44-5-48

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 2 CONVEYANCES

44-5-48. Deeds conveying interest in real property used as commercial landfill.

  1. All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, "commercial landfill" means an area where materials have been deposited for a fee.
  2. This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property.
  3. Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale.

(Code 1981, §44-5-48, enacted by Ga. L. 1988, p. 821, § 2.)

Cross references.

- Prohibition on construction activity on abandoned landfills, § 8-6-1 et seq.

Cases Citing O.C.G.A. § 44-5-48

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 691 S.E.2d 218 (Ga. 2010).

Cited 59 times | Published | Supreme Court of Georgia | Mar 22, 2010 | 286 Ga. 731, 2010 Fulton County D. Rep. 874

...[6] See, e.g., OCGA §§ 10-1-399(c) (treble damages for intentional violations of Fair Business Practices Act); 20-3-514(c) (treble damages for breach of educational loan or scholarship contract); 38-3-147 (treble damages for misappropriation for gain of Georgia Emergency Management Agency symbols or nomenclature); 44-5-48(c) (treble damages for failure to disclose that property being sold was previously site of commercial landfill)....
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Junior v. Graham, 870 S.E.2d 378 (Ga. 2022).

Cited 12 times | Published | Supreme Court of Georgia | Mar 8, 2022 | 313 Ga. 420

...An exception to this decisional rule, of course, is where a greater recovery is authorized by statute. Many examples of this are found in the Georgia Code. See, e.g., OCGA §§ 16-14-6 (c) (providing for recovery of treble damages in a civil suit arising from a violation of Georgia’s RICO Act); 44-5-48 (c) (providing for treble damages for a willful violation of the statute’s provisions pertaining to requirements for deeds conveying interest in real property that has 11 been used as a commercial landfill); Couch v....
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Reed v. State, 148 Ga. 18 (Ga. 1918).

Cited 5 times | Published | Supreme Court of Georgia | Apr 11, 1918 | 95 S.E. 692