O.C.G.A. § 36-60-26 (2019)
Unlawful to issue backdated license, permit, or other authorizing document; documents issued in violation void in entirety; criminal penalty for violations
(a) It shall be unlawful for any county, municipal corporation, or other issuing authority to issue any backdated license, permit, or other authorizing document, including but not limited to any building permit, sign permit, occupation tax certificate, zoning action, subdivision of land, final plat, or other similar authorization, in any territorial or geographic area which, due to the formation of a county, incorporation of a municipality, annexation or deannexation of territory, or other action, is no longer within the regulatory jurisdiction of said issuing authority. For purposes of this Code section, a license, permit, or other authorizing document shall be considered to be backdated if it in any manner purports to have been issued or have become effective prior to its actual date of issuance.
(b) A license, permit, or other authorizing document in violation of this Code section shall be void in its entirety, and no person shall acquire any rights thereunder.
(c) Any county or municipal officer or employee who knowingly violates this Code section shall be upon conviction guilty of a misdemeanor.
History
Code 1981, § 36-60-26, enacted by Ga. L. 2008, p. 154, § 1/HB 975.
Annotations
Editor's notes. - Ga. L. 2008, p. 154, § 2/HB 975, not codified by the General Assembly, provides: "The General Assembly declares its belief that this Act is declaratory of previously existing law; and the passage of this Act shall not be construed to imply that prior law was to the contrary."
JUDICIAL DECISIONS
Acquisition of vested rights in permits. - Void county sign ordinance could not be used as the basis for the denial of sign companies' applications for permits to construct billboards, and the invalidity of the ordinance resulted in there being no valid restriction on the construction of billboards in the county. Accordingly, the sign companies obtained vested rights in the issuance of the billboard construction permits which the companies sought before the city ordinances were enacted. Fulton County v. Action Outdoor Adver., JV, LLC, 289 Ga. 347, 711 S.E.2d 682 (2011).
OPINIONS OF THE ATTORNEY GENERAL
Fingerprinting required for violators. - Offenses arising under O.C.G.A. § 36-60-26 are designated as offenses for which those charged are to be fingerprinted. 2009 Op. Att'y Gen. No. 2009-1.
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CHAPTER 61 URBAN REDEVELOPMENT
Sec.
36-61-1. Short title.
36-61-2. Definitions.
36-61-3. Legislative findings and declaration of necessity.
36-61-3.1. "Public use" defined; eminent domain to be exercised solely for public use.
36-61-4. Encouragement of private enterprise.
36-61-5. Resolution of necessity prerequisite to exercise of powers.
36-61-6. Formulation of workable program.
36-61-7. Preparation of redevelopment plan; approval; modification; effect of approval.
36-61-8. Powers of municipalities and counties generally.
36-61-9. Power of eminent domain; conditions; title acquired.
36-61-10. Disposal of property in redevelopment area generally; notice and bidding procedures; exchange with veterans' organization; temporary operation of property.
36-61-11. Repair, closing, and demolition of dwellings unfit for human habitation.
36-61-12. Issuance of bonds; payment; tax exemption; form; terms; signatures; negotiability; effect of recitation on bonds.
36-61-13. Bonds declared legal investments.
36-61-14. Exemption of property from execution, levy, and sale; tax exemption.
36-61-15. Presumption as to title of purchaser of property from municipality or county.
36-61-16. Assistance by public bodies generally; powers of public bodies; powers of municipalities and counties.
36-61-17. Exercise of redevelopment powers by municipalities and counties; delegation to redevelopment agency or housing authority.
36-61-18. Creation of agency; appointment of board of commissioners; compensation, term, and certificate; annual report; removal of commissioners.
36-61-19. Interest by public official or employee or employee of redevelopment agency in redevelopment project or property; disclosure; eligibility of commissioners and officers of housing authorities for other office.
Cross references. - Community redevelopment generally, Ga. Const. 1983, Art. IX, Sec. II, Para. VII.
Clearance and rehabilitation of blighted areas generally, T. 8, C. 4.
Administrative Rules and Regulations. - Opportunity Zone Job Tax Credit Program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Opportunity Zone Job Tax Credit Program Regulations, Chapter 110-24.
Law reviews. - For note discussing meaning of "public use" and analyzing theories of excess condemnation, see 18 Mercer L. Rev. 274 (1966).
JUDICIAL DECISIONS
This chapter provides for rehabilitation, clearance, and redevelopment of slums in cities and towns in the state. McCord v. Housing Auth., 246 Ga. 547, 272 S.E.2d 247 (1980).