O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-3-23 (2019)

Filing of survey and plat with Secretary of State; time for protest or exceptions thereto

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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

Annotations

JUDICIAL DECISIONS Constitutionality. - Former Civil Code 1910, §§ 473-475 (see now O.C.G.A. §§ 36-3-22 - 36-3-24) were not violative of Ga. Const. 1877, Art. I, Sec. I, Para. XXIII (see now 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).

Notes of Decisions
Cited in 2 cases, 2014–2018 · leading case: Bibb Cnty. v. Monroe Cnty., 755 S.E.2d 760 (Ga. 2014).
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Bibb Cnty. v. Monroe Cnty., 755 S.E.2d 760 (Ga. 2014). · cites it 2× “” OCGA § 36-3-23. Where such protest or exceptions are filed, the Secretary must, after giving written notice to the parties, hold a hearing.”
Scarborough v. Kemp., 819 S.E.2d 710 (Ga. Ct. App. 2018). · cites it 2× “15 See OCGA § 36-3-23. 16 OCGA § 36-3-24. 17 OCGA § 36-3-24.”
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