O.C.G.A.

O.C.G.A. § 36-3-27 (2019)

Payment by county authorities of compensation; tax levy

✓ 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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It shall be the duty of the governing authorities of each of the counties affected by such survey to pay that proportion of the fee established under Code Section 36-3-26 that such county bears to the total number of counties directly affected by the survey. The payment of such fees is declared to be a public purpose. The governing authority of each county affected is authorized and directed to pay such fees and to levy such taxes as may be necessary for the payment of such fees.

History

Ga. L. 1887, p. 106, § 4; Civil Code 1895, § 389; Civil Code 1910,

§ 478; Code 1933, § 23-408; Ga. L. 1977, p. 248, § 5.

Annotations

JUDICIAL DECISIONS When county not liable for surveyor’s expenses. - When suit was brought by a surveyor, who was appointed by the Governor to run a disputed line between two counties under former Civil Code 1910, § 478 and former Civil Code 1910, § 473 et seq. (see now O.C.G.A. §§ 36-3-27 and 36-3-22 et seq.), to recover from one of such counties one-half of the

charge, there was no error in dismissing the suit on general demurrer (now motion to dismiss) because there was no valid law authorizing a county to levy taxes to meet such a claim, and a county is not liable for suit thereon. Robert v. Wilkinson County, 137 Ga. 601, 73 S.E. 838 (1912); Smith v. Baker County, 142 Ga. 168, 82 S.E. 557 (1914).

OPINIONS OF THE ATTORNEY GENERAL O.C.G.A. § 36-3-27 requires that each governing authority pay each pro rata share of the survey fee and

forbids contrary agreements. 1981 Op. Att’y Gen. No. 81-41.

CHAPTER 4 CHANGE OR REMOVAL OF COUNTY SITE Sec.

Petition for removal or change of county site; order of election; notice of election; qualifications of voters; frequency of elections. Conduct of election generally; returns. Form and marking of ballots; number of votes required to authorize removal.

Sec.

Certificate of Secretary of State as evidence of election and number of votes. Where courts to be held after removal; validity of proceedings. Where offices to be kept after removal.

Cross references. - Limitation of number of counties, Ga. Const. 1983, Art. IX, Sec. I, Para. II.