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2018 Georgia Code 36-39-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-39-24 Case Law from Google Scholar Amendments to OCGA 36-39-24

TITLE 36 LOCAL GOVERNMENT

Chapter 39 information not found

ARTICLE 2 COMPROMISE OF BONDED DEBT

36-39-24. Limitation period for contesting or enjoining assessments.

No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment or issuing or levying executions therefor or issuing bonds or providing for their payment, or (3) contesting the validity thereof on any grounds or for any reason other than the failure of the governing body to adopt and publish the preliminary resolution provided for in Code Section 36-39-3 in cases requiring such resolution and its publication or to give notice of the hearing of the return of the appraisers as provided for in Code Section 36-39-14, unless such action is commenced within 30 days after the passage of the ordinance making the assessment final.

(Ga. L. 1927, p. 321, § 12; Code 1933, § 69-424.)

JUDICIAL DECISIONS

General rule is that all presumptions are in favor of validity of assessments for local improvements, and while these presumptions are not conclusive, the burden is on the party attacking the validity of an assessment to show that the assessment is invalid. City of La Grange v. Frosolona, 52 Ga. App. 232, 183 S.E. 99 (1935).

Presumption of acceptance of assessment terms.

- When no objection to the assessment or prior proceedings was made by the property owner as provided in the act, and when no action was filed to enjoin the assessment or the improvement within 30 days after the passage of the ordinance making such assessment final, the property owner will be presumed to have accepted the terms thereof and to have agreed that the assessment provided for in the act may be made. City of La Grange v. Frosolona, 52 Ga. App. 232, 183 S.E. 99 (1935).

Cited in City of La Grange v. Pound, 50 Ga. App. 219, 177 S.E. 762 (1934); Carter v. City of Toccoa, 210 Ga. 167, 78 S.E.2d 487 (1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 70C Am. Jur. 2d, Special or Local Assessments, § 205 et seq.

C.J.S.

- 40 C.J.S., Highways, § 380. 64 C.J.S., Municipal Corporations, §§ 1652, 1653, 1673.

ALR.

- Validity of promise based on invalid paving assessment, 20 A.L.R. 1326.

Right to enjoin enforcement of illegal tax, local assessment, or license fee, upon joinder of several affected thereby, 32 A.L.R. 1266; 156 A.L.R. 319.

Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.

Manner of enforcing special assessments against public property, 150 A.L.R. 1394.

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