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O.C.G.A. § 36-7-2 — Election, commissioning, qualification, and removal of county surveyor; qualifications | Georgia Code
O.C.G.A. § 36-7-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

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

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-7-2. Election, commissioning, qualification, and removal of county surveyor; qualifications.

  1. County surveyors shall be elected, commissioned, qualified, and removed as are clerks of the superior courts and shall hold their offices for four years.
    1. Every person holding the post of county surveyor must be a qualified surveyor, licensed by the State Board of Registration for Professional Engineers and Land Surveyors, and such person must have successfully passed the examination given by the board as a prerequisite to the granting of a license as a land surveyor; provided, however, that any person holding the position of county surveyor on March 7, 1966, whether elected or appointed, shall not be required to meet the qualifications enumerated in this subsection so long as such person remains in the position of county surveyor, whether reappointed or reelected to this position.
    2. Paragraph (1) of this subsection shall not apply to:
      1. Any county having a population of less than 17,000 inhabitants according to the United States decennial census of 1960 or any future such census; or
      2. Any person who was holding the position of county surveyor in such a county on January 1, 1977, and who has acted continuously as county surveyor since that date, for as long as such person remains in the position of county surveyor, notwithstanding the fact that the population of the county has grown to exceed 17,000.
  3. Notwithstanding the provisions of subsection (b) of this Code section or paragraph (3) of subsection (b) of Code Section 43-15-29, a county surveyor who is not licensed by the State Board of Registration for Professional Engineers and Land Surveyors shall only practice land surveying for the county and shall not engage in the private practice of professional land surveying; provided, however, that this subsection shall not apply to any county surveyor duly elected and holding office on June 30, 1986, so long as said person continues to hold the office of county surveyor; provided, however, that any county surveyor who has a minimum of four years of surveying experience shall be eligible to take the land surveyor examination and eligible for certification as a land surveyor.

(Laws 1799, Cobb's 1851 Digest, p. 198; Code 1863, § 543; Code 1868, § 607; Code 1873, § 566; Code 1882, § 566; Civil Code 1895, § 473; Civil Code 1910, § 591; Code 1933, § 23-1101; Ga. L. 1966, p. 225, §§ 1, 4, 5; Ga. L. 1986, p. 888, § 1; Ga. L. 1988, p. 555, § 1.)

Cross references.

- Election, qualifications, duties, powers, and compensation of county officers, Ga. Const. 1983, Art. IX, Sec. I, Para. III.

Removal of clerks of superior courts, § 15-6-82.

JUDICIAL DECISIONS

Cited in Philpot v. Wells, 69 Ga. App. 489, 26 S.E.2d 155 (1943).

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.

Applicability to one serving at time of enactment.

- Any person who held the position of county surveyor on March 7, 1966 (the date this section was approved) could serve as county surveyor regardless of whether the person was licensed as a surveyor by the State Board of Registration for Professional Engineers and Land Surveyors so long as the person's service in that office was continuous. 1968 Op. Att'y Gen. No. 68-509.

Construed with § 36-7-9 and § 43-15-7. - County surveyor who is not registered by the State Board of Registration for Professional Engineers and Land Surveyors may not, under any authority, engage in the private practice of land surveying outside of the county in which the surveyor was elected; nor may the surveyor engage in the private practice of land surveying in the county of election unless the surveyor was duly elected and holding office on June 30, 1986, and has continued, uninterrupted, to hold such office. 1990 Op. Att'y Gen. No. 90-13.

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, § 164 et seq. 67 C.J.S., Officers and Public Employees, § 46.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.