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Call Now: 904-383-7448The creation of the authority and the carrying out of its corporate purpose shall be a public purpose and in all respects for the benefit of the people of this state. The authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, revenues, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation within this state.
(Ga. L. 1951, p. 241, § 21; Ga. L. 2010, p. 1001, § 13/HB 936.)
Ga. L. 1951, p. 241, § 21 is constitutional in that it does not constitute a donation or a gratuity in violation of Ga. Const. 1945, Art. VII, Sec. I, Para. II (see now Ga. Const. 1983, Art. III, Sec. VI, Para. VI), nor offend Ga. Const. 1945, Art. VII, Sec. I, Para. IV (see now Ga. Const. 1983, Art. VII, Sec. I, Para. I), which declares that all laws exempting property from taxation other than property therein enumerated are void. Sheffield v. State Sch. Bldg. Auth., 208 Ga. 575, 68 S.E.2d 590 (1952).
- This section certainly indicates the General Assembly did not contemplate assessment of any fees, of whatever nature, directly or indirectly, upon the authority. 1963-65 Op. Att'y Gen. p. 493.
- 71 Am. Jur. 2d, State and Local Taxation, §§ 326, 327.
- 84 C.J.S., Taxation, § 251.
- Bond or warrant of governmental subdivision as subject of taxation or exemption, 44 A.L.R. 510.
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