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2018 Georgia Code 36-3-27 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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

ARTICLE 2 SETTLEMENT OF BOUNDARY DISPUTES

36-3-27. Payment by county authorities of compensation; tax levy.

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.

(Ga. L. 1887, p. 106, § 4; Civil Code 1895, § 389; Civil Code 1910, § 478; Code 1933, § 23-408; Ga. L. 1977, p. 248, § 5.)

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 O.C.G.A. §§ 36-3-27 and36-3-22 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.

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