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2018 Georgia Code 20-2-522 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 11 PUBLIC SCHOOL PROPERTY AND FACILITIES

20-2-522. Condemnation procedure.

Condemnation proceedings by the boards and systems referred to in Code Section 20-2-521 shall take the form provided in Chapter 1 of Title 22 and Article 1 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22, provided that county boards of education in counties of this state having a population (including the population of any independent school district located in such county) of more than 500,000 according to the United States decennial census of 1950 or any future such census may use the form provided in Article 2 of Chapter 2 of Title 22.

(Ga. L. 1947, p. 1130, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 174, § 1; Ga. L. 1956, p. 100, § 2; Ga. L. 1961, p. 2864, § 1; Ga. L. 1982, p. 2107, § 20.)

JUDICIAL DECISIONS

Proceeding before special master.

- Superior court did not err in holding that condemnor county board of education was authorized to proceed under special master act in exercising power of eminent domain. Mallory v. Upson County Bd. of Educ., 163 Ga. App. 377, 294 S.E.2d 599 (1982).

The 1967 amendment to the special master act should be construed as evidencing legislative intent that special master proceeding be considered a "supplementary" and "cumulative" form of condemnation in all cases wherein condemnor otherwise possesses power of eminent domain. Mallory v. Upson County Bd. of Educ., 163 Ga. App. 377, 294 S.E.2d 599 (1982).

Adequate notice to those whose property condemned states condemnation's purpose.

- Resolution in order to give adequate notice of purpose to those whose property is being condemned need not go into a detailed analysis of what type of school facility or building is being contemplated so long as the notice sufficiently puts one on notice that the condemnation is for public school purposes or for educational purposes as authorized by Ga. L. 1956, p. 100, § 1. Sheppard v. DeKalb County Bd. of Educ., 220 Ga. 219, 138 S.E.2d 271 (1964).

Separate equitable petition enjoining condemnation not valid.

- Plaintiff's claim that the defendants' intentions in planning to condemn the plaintiff's property without public need and without the funds to pay for the property presented a threat of irreparable harm to the plaintiff in the future was not cognizable under Georgia law because a separate equitable petition to enjoin a condemnation governed by the statute will not lie. Saffold v. Carter, 739 F. Supp. 1541 (S.D. Ga. 1990).

Cited in Herren v. Board of Educ., 219 Ga. 431, 134 S.E.2d 6 (1963).

RESEARCH REFERENCES

ALR.

- Amount of property which may be condemned for public school, 71 A.L.R.2d 1071.

Zoning regulations as applied to public elementary and high schools, 74 A.L.R.3d 136.

PART 2 E XEMPTION FROM LEVY AND SALE

20-2-540. Exemption of school property from levy and sale.

Each and every lot or parcel of land which has been or may hereafter be obtained by any county board of education or independent school district, together with any buildings erected thereon for school purposes and all school furniture, shall be exempt from levy and sale under any execution or other writ or order in the nature of an execution, provided that the lot of land so exempted shall not exceed ten acres; and if there is any excess over that number of acres, then that portion not to exceed ten acres most convenient for school purposes shall be exempt as provided in this Code section, the exempted portion to be set off by order of the county board or the boards of trustees of the independent school system.

(Ga. L. 1919, p. 288, § 116; Ga. L. 1926, Ex. Sess., p. 17, § 1; Code 1933, § 32-943; Ga. L. 1946, p. 206, § 7; Ga. L. 1992, p. 6, § 20.)

Cross references.

- Execution and judicial sales generally, T. 9, C. 13.

PART 3 G EORGIA EDUCATION AUTHORITY (SCHOOLS)

Law reviews.

- For article, "School Systems, Segregation and the Supreme Court," see 6 Mercer L. Rev. 189 (1955). For article, "Public Authorities: Legislative Panacea?," see 5 J. of Pub. L. 387 (1956).

OPINIONS OF THE ATTORNEY GENERAL

Not policy of authority to join in city annexation application.

- It is not the policy of the authority to join in an application for annexation of state-owned property to a city. 1968 Op. Att'y Gen. No. 68-229.

Municipalities or counties cannot require building fees for construction on authority property.

- Building permit fees may not be legally required by municipalities or counties of contractors on buildings being constructed for the authority on authority property. 1963-65 Op. Att'y Gen. p. 493.

Authority does not directly supervise construction projects of less than $200,000.00.

- When allotted funds from the State Board of Education for school construction result in construction projects of less than $200,000.00, the authority does not directly supervise construction but requires the local school system to construct the project itself and then be reimbursed by the authority; this procedure often makes it necessary for the local school system to borrow a substantial part of the construction costs for a period of nine months to a year; such borrowing is within the legal power of local school systems. 1968 Op. Att'y Gen. No. 68-18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 167, 168.

C.J.S.

- 33 C.J.S., Executions, § 42.

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