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

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).

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