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2018 Georgia Code 36-7-10 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 7. County Surveyor, 36-7-1 through 36-7-16.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-7-10. Payment of fees generally.

The fees for surveys made by the county surveyor for private or corporate benefit shall be paid by the person or corporation ordering the survey. The fees for surveys made by order of the county governing authority shall be paid out of county funds. The fees for surveys made by order of court, unless otherwise agreed upon, are to be taxed in the bill of costs and shall have the effect of a judgment lien upon the land surveyed, if not paid by the party bound for costs.

(Orig. Code 1863, § 552; Code 1868, § 616; Code 1873, § 575; Code 1882, § 575; Civil Code 1895, § 482; Civil Code 1910, § 600; Code 1933, § 23-1110.)

JUDICIAL DECISIONS

Cost of survey.

- When the plaintiffs sought an injunction restraining the defendant from closing a roadway running across the defendant's property to the plaintiff's property, the court did not err in taxing against the plaintiffs as a part of the costs, $128.00 incurred in making a survey ordered by the court. In an equity case, the court has the right to place the costs upon either of the parties, and this section definitely makes the cost of survey a part of the court costs. Nelson v. Girard, 215 Ga. 518, 111 S.E.2d 60 (1959) (see O.C.G.A. § 36-7-10).

OPINIONS OF THE ATTORNEY GENERAL

Surveyor not subject to city business license.

- County surveyor who makes surveys, other than those made by an order of the ordinary (now judge of the probate court) or court, is not subject to a city business license. 1958-59 Op. Att'y Gen. p. 371.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Costs, §§ 69, 76.

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