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2018 Georgia Code 36-62-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-62-11 Case Law from Google Scholar Amendments to OCGA 36-62-11

TITLE 36 LOCAL GOVERNMENT

Chapter 62 information not found

ARTICLE 2 CLERKS OF GOVERNING AUTHORITIES OF MUNICIPALITIES

36-62-11. Construction of chapter generally; effect of conflict between chapter and other provisions of law; applicability of certain other provisions of law to proceedings under chapter.

This chapter shall be liberally construed to effect the purposes hereof, and insofar as this chapter may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this chapter shall be controlling. The sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.

(Ga. L. 1963, p. 531, § 11; Ga. L. 1969, p. 137, § 8; Ga. L. 2008, p. 381, § 11/SB 358.)

JUDICIAL DECISIONS

O.C.G.A. Ch. 62, T. 36 is to be liberally construed; liberally, but not ultraliberally. Day v. Development Auth., 248 Ga. 488, 284 S.E.2d 275 (1981).

Section preempted by the War on Terrorism Local Assistance Act, O.C.G.A.

§ 36-75-11(c). - Superior court did not err in finding that a county development authority was within the category of authorities governed by the War on Terrorism Local Assistance Act, O.C.G.A. § 36-75-11(c), because § 36-75-11(c) was a general law that preempted by implication the exemption from referenda set forth in the Development Authorities Law, O.C.G.A. § 36-62-11, as to those development authorities that met the criteria of authorities defined in § 36-75-11(c). Dev. Auth. v. State, 286 Ga. 36, 684 S.E.2d 856 (2009).

Cases Citing O.C.G.A. § 36-62-11

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Dev. Auth. of DeKalb Cnty. v. State, 684 S.E.2d 856 (Ga. 2009).

Cited 20 times | Published | Supreme Court of Georgia | Sep 28, 2009 | 286 Ga. 36, 2009 Fulton County D. Rep. 3050

...1 et seq. ("WTLA Act"), on authorities subject to the Development Authorities Law, OCGA § 36-62-1 et seq. ("DAL"). Under the provisions of the DAL, DADC was excepted from any referendum requirement arising out of the sale or issuance of bonds. OCGA § 36-62-11....
...prior to issuing bonds for any new buildings or facilities or improvements to existing buildings or facilities," id., [1] even though DADC was previously excepted from any referendum requirement arising out of the sale or issuance of bonds under the DAL. OCGA § 36-62-11....
...IV(a) that "no local or special law shall be enacted in any case for which provision has been made by an existing general law." This argument is based on appellants' contention that OCGA § 36-75-11(c) is a special law that unconstitutionally affects an area governed by general law, namely, the DAL. See OCGA § 36-62-11....
...the statute applies generally to "[a]ny authority" that meets the criteria in subsection (c). As the trial court correctly found, OCGA § 36-75-11(c) is a general law that *860 preempted by implication the exemption from referenda set forth in OCGA § 36-62-11 as to those development authorities that meet the criteria of authorities defined in OCGA § 36-75-11(c)....