O.C.G.A.

O.C.G.A. § 36-30-1 (2019)

Meaning of terms ‘‘city,’’ ‘‘town,’’ ‘‘municipality,’’ or ‘‘village.’’

✓ 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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Wherever the words ‘‘city,’’ ‘‘town,’’ ‘‘municipality,’’ or ‘‘village’’ appear in the statutory laws of this state, such words shall be construed as synonymous, and the General Assembly so declares this to be its intention in the use of these words; such words shall be held to mean a municipal corporation as defined by statutory law and judicial interpretation.

History

Ga. L. 1964, p. 170, § 1.

Annotations

Law reviews. - For article, ‘‘Selected Oddities in Georgia Municipal Law,’’ see 9

Ga. L. Rev. 783 (1975). For article, ‘‘Researching Georgia Law,’’ see 34 Ga. St. U. L. Rev. 741 (2015).

JUDICIAL DECISIONS This section is not unconstitutional for being a legislative restriction of the judiciary. Holloway v. Mayor of Whitesburg, 225 Ga. 152, 166 S.E.2d 576 (1969). This section does not operate to diminish the power of a city to impose a sentence after violations of penal ordi-

nances of the city. City of Albany v. Key, 124 Ga. App. 16, 183 S.E.2d 20 (1971). Cited in City of Jonesboro v. Clayton County Water Auth., 136 Ga. App. 768, 222 S.E.2d 76 (1975); Ga. Reg’l Transp. Auth. v. Foster, 329 Ga. App. 258, 764 S.E.2d 862 (2014).

RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 1 et seq. C.J.S. - 62 C.J.S., Municipal Corporations, § 1 et seq.

ALR. - Irrigation district as municipality within the tax laws, 17 A.L.R. 81; 55 A.L.R. 639.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2014–2026 · leading case: Georgia Reg'l Transp. Auth. v. Foster, 764 S.E.2d 862 (Ga. Ct. App. 2014).

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Georgia Reg'l Transp. Auth. v. Foster, 764 S.E.2d 862 (Ga. Ct. App. 2014). · cites it 4× “Compare OCGA §§ 36-30-1 and 36-1-1 with OCGA § 50-21-22 (5) (“‘State’ .”

Cynthia Nunez Collier v. R.L. Butch Conway, 672 F. App'x 950 (11th Cir. 2016). “Section 36-33-4 provides that “[mjembers of the council and other officers of a municipal corporation shall be personally liable to one who sustains special damages as the result of any official act of such officers if done oppressively, maliciously, corruptly, or without…”

Christina Guy v. the Hous. Auth. of the City of Augusta (Ga. Ct. App. 2024). · cites it 2× “5 And more specifically, “municipal corporations shall not be liable for failure to perform or for errors in performing their 4 OCGA § 36-30-1 provides that the words “city,” “town,” “municipality,” or “village” shall be construed as synonymous, and that “such words shall be…”

Christina Guy v. the Hous. Auth. of the City of Augusta (Ga. Ct. App. 2026). · cites it 2× “See OCGA § 36-30-1. 2 Instead, municipalities enjoy immunity “akin” to that afforded the State “in their performance of acts which are legislative or judicial in nature, on the ground that such acts are deemed to be but the exercise of a part of the state’s power.”

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