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2018 Georgia Code 36-3-23 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 3. County Boundaries, 36-3-1 through 36-3-27.

ARTICLE 2 SETTLEMENT OF BOUNDARY DISPUTES

36-3-23. Filing of survey and plat with Secretary of State; time for protest or exceptions thereto.

The survey with plat, made and returned to the Secretary of State, shall be filed in his office, and entry of filing shall be made thereon; but the survey and plat shall not be recorded within the space of 30 days from the date of its reception in such office, for the purpose of allowing the authorities of either county dissatisfied therewith to file a protest or exceptions thereto within that time.

(Ga. L. 1899, p. 24, § 2; Civil Code 1910, § 474; Code 1933, § 23-404.)

JUDICIAL DECISIONS

Constitutionality.

- Former Civil Code 1910, §§ 473-475 (see O.C.G.A. §§ 36-3-22 -36-3-24) were not violative of Ga. Const. 1976, Art. I, Sec. II, Para. IV (see Ga. Const. 1983, Art. I, Sec. II, Para. III) as an attempt to confer judicial power upon the Secretary of State. Early County v. Baker County, 137 Ga. 126, 72 S.E. 905 (1911), , 10 Ga. App. 305, 73 S.E. 352 (1912).

Mandamus cannot dictate where boundary line to be located.

- Trial court erred by granting a county mandamus relief in a county boundary line dispute action pursuant to O.C.G.A. § 36-3-20 et seq., because while mandamus was authorized to compel the Georgia Secretary of State to do certain tasks, it was not authorized to dictate where the boundary line was to be located. Bibb County v. Monroe County, 294 Ga. 730, 755 S.E.2d 760 (2014).

Cited in Fine v. Dade County, 198 Ga. 655, 32 S.E.2d 246 (1944).

Cases Citing Georgia Code 36-3-23 From Courtlistener.com

Total Results: 1

PHILLIPS v. JACKSON, JUDGE

Court: Supreme Court of Georgia | Date Filed: 2022-08-09

Snippet: offense and the totality of circumstances”); and 36-32-3 (giving municipal court judges criminal powers