O.C.G.A.

O.C.G.A. § 36-3-26 (2019)

Compensation of land surveyor; notification of county authorities of fee; advisory committee

✓ 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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(a) The land surveyor shall receive a fee to be fixed by the Secretary of State or his designated deputy or assistant. Such fee shall be based upon reasonable compensation for the work to be performed and the rates normally charged by land surveyors in the same geographical area as the disputed line. The fee shall be negotiated prior to the commencement of the survey. Prior to the commencement of the survey, it shall be the duty of the Secretary of State to notify the governing authorities of the counties affected of the fee which has been negotiated.

(b) For the purpose of assisting the Secretary of State in connection with his responsibilities and duties to fix and negotiate an appropriate fee for the services of the land surveyor in surveying, marking out, and defining the boundary line in dispute, the Secretary of State may appoint an advisory committee to be composed of three registered land surveyors. One of the members of the advisory committee shall be a county surveyor who shall be selected by the Secretary of State from a list of at least three county surveyors submitted to the Secretary of State by the Association County Commissioners of Georgia. The members of the advisory committee shall serve at the pleasure of the Secretary of State or for such terms as the Secretary of State shall provide. The members of the advisory committee shall receive no compensation for their services as such.

(c) The advisory committee shall review the proposals of the land surveyor appointed by the Governor and shall counsel and advise the Secretary of State as to the committee’s recommendation concerning an appropriate fee for such services. The recommendations of the advisory committee to the Secretary of State in relation to such fee shall not be binding upon the Secretary of State but shall be used by the Secretary of State in assisting him in determining and fixing an appropriate fee.

History

Ga. L. 1887, p. 106, § 3; Civil Code 1895, § 388; Civil Code 1910, § 477; Code 1933, § 23-407; Ga. L. 1956,

p. 192, § 1; Ga. L. 1958, p. 633, § 1; Ga. L. 1977, p. 248, § 4; Ga. L. 1980, p. 1280, § 1.

Annotations

RESEARCH REFERENCES C.J.S. - 20 C.J.S., Counties, § 26 et seq.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Bibb Cnty. v. Monroe Cnty., 755 S.E.2d 760 (Ga. 2014).
Bibb Cnty. v. Monroe Cnty., 755 S.E.2d 760 (Ga. 2014). · cites it 2× “5 We note that there has been considerable dispute regarding the fact that Scarborough himself has never actually appeared in these proceedings, owing to his initial refusal to appear due to Bibb County’s apparent failure to pay its portion of his fees, see OCGA § 36-3-26, and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.