O.C.G.A. § 36-39-3 (2019)
Procedure for improvements; adoption and publication of resolution; filing of petition by landowners; objections to improvements
(a) Whenever the governing body deems it necessary to improve any street or part thereof within the limits of the municipal corporation, either in length or in width, it shall, by resolution, declare such improvement necessary to be done and shall publish such resolution once a week for at least three consecutive weeks in the newspaper in which the sheriff’s advertisements of the county in which the municipal corporation is located are published. If the owners of a majority of the lineal feet of frontage of the lands abutting on the proposed improvement, within 15 days after the last day of publication of the resolution, do not file with the clerk of the municipal corporation their protest in writing against the improvement, the governing body shall have the power to cause the improvement to be made, to contract therefor, and to make assessments and fix liens as provided for in this chapter. Any number of streets or any part or parts thereof to be so improved may be included in one resolution. Any protest or objection shall be made as to each street separately.
(b) If the owners of a majority of the lineal feet of frontage of the land liable to assessment for the improvement petition the governing body for the improvement, citing this chapter and designating by general description the improvement to be undertaken and the street or streets or part thereof to be improved, it shall thereupon be the duty of the governing body to proceed, as provided in this chapter, to cause such improvement to be made in accordance with the prayers of the petition and their own best judgment. In such cases the resolution mentioned in subsection (a) of this Code section shall not be required. The petition shall be lodged with the clerk of the municipal corporation, who shall investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his investigation.
History
Ga. L. 1927, p. 321, § 3; Code 1933, § 69-403.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1921, p. 212 are included in the annotations for this Code section. Certificate of chief of construction is prima facie evidence. - By Ga. L. 1921, p. 212, the certificate of the chief of construction that the petition was signed by the owners of more than 50 percent of
the property abutting on the street or portion of the street sought to be paved is made prima facie evidence of this fact. Ga. L. 1919, p. 821, makes this prima facie presumption conclusive, if the owners do not file objections to the passage of the preliminary ordinance providing for the payment. Montgomery v. City of Atlanta, 162 Ga. 534, 134 S.E. 152 (1926) (decided under Ga. L. 1921, p. 212).
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. - 26 Am. Jur. 2d, Eminent Domain, §§ 67, 68. 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 44, 103, 106, 198. C.J.S. - 29A C.J.S., Eminent Domain, § 37 et seq. 39A C.J.S., Highways, § 43 et seq. 64 C.J.S., Municipal Corporations, §§ 1282, 1805 et seq. ALR. - Validity of promise based on invalid paving assessment, 20 A.L.R. 1326. Lack of or defects in petition of property owners for local improvement as affecting validity or enforcement of assessment, 95 A.L.R. 116. Failure of property owner to avail himself of remedy provided by statute or ordinance as precluding attack based on im-
proper inclusion of property in, or exclusion of property from, assessment, 100 A.L.R. 1292. Utilization, under new proceeding for public improvement, of work done under a previously abandoned or invalid proceeding, 110 A.L.R. 278. Cotenancy as factor in determining representation of property owners in petition for, or remonstrance against, public improvement, 3 A.L.R.2d 127. Power of municipality or other governmental unit to make contract or covenant exempting or releasing property from special assessment, 47 A.L.R.2d 1185. Widening of city street as local improvement justifying special assessment of adjacent property, 46 A.L.R.3d 127.