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2018 Georgia Code 36-33-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-33-6 Case Law from Google Scholar Amendments to OCGA 36-33-6

TITLE 36 LOCAL GOVERNMENT

Chapter 33 information not found

ARTICLE 3 COUNCIL OF MUNICIPAL COURT JUDGES

36-33-6. Exemption of municipal property from levy and sale.

Property of a municipal corporation in use for the public or held for future use for the public is not subject to levy and sale under executions. All property held by a municipal corporation is presumptively for public use.

(Civil Code 1895, § 750; Civil Code 1910, § 899; Code 1933, § 69-305.)

History of section.

- This Code section is derived from the decision in Curry v. Mayor of Savannah, 64 Ga. 290 (1879).

Law reviews.

- For article, "Cities and Towns in Georgia: A Distinction With a Difference?," see 14 Mercer L. Rev. 385 (1963).

JUDICIAL DECISIONS

All property of every kind held by municipality is presumptively for public use, and while perhaps the presumption may be overcome on proof of a holding for other purposes, as a mere investment to reap profits and save taxes, and with no ulterior purpose to apply the investment to the use or enjoyment of the public thereafter, yet the onus would be upon the plaintiff in execution to make that proof. Curry v. Mayor of Savannah, 64 Ga. 290, 37 Am. R. 74 (1879).

Municipal property held in proprietary capacity subject to sale.

- As a general rule, property held by a municipality for governmental or public uses cannot be sold without express legislative authority, but must be devoted to the use and purpose for which the property was intended; the rule is otherwise as to property held by a municipality in the municipality's proprietary or private capacity if not devoted to any specific public use. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).

Land not used for public use subject to sale.

- Though land be bought for a public use, if not actually used for such purpose it cannot be said to be held by the municipality as a public trust, and may be sold. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).

When property held by municipality for governmental or public use is abandoned as to such use, the municipality may sell the property without express legislative approval. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953).

Town schoolhouse is not subject to levy and sale by virtue of judgment and execution against the town, regardless of whether it is run as a free school, or rented to private teachers, who charge tuition; and consequently, if the house be destroyed by fire, the insurance therefor cannot be reached by garnishment by the judgment creditor. Fleishel & Kimsey v. Hightower, 62 Ga. 324 (1879); Walden v. Town of Whigham, 120 Ga. 646, 48 S.E. 159 (1904).

Cited in Pembroke State Bank v. Balboa Ins. Co., 144 Ga. App. 609, 241 S.E.2d 483 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Lease to private entity prohibited absent express authority.

- Property held by a municipality for the public use and the benefit of the municipality's citizens cannot be leased to a private entity without express legislative authority in the absence of other applicable exceptions. 1992 Op. Att'y Gen. No. U92-9.

RESEARCH REFERENCES

C.J.S.

- 63 C.J.S., Municipal Corporations, § 1153, 1154, 1162.

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