O.C.G.A.

O.C.G.A. § 36-82-68 (2019)

Powers and duties of receiver generally

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The receiver appointed under Code Section 36-82-67, directly or by his agents and attorneys, shall forthwith enter into and upon and take possession of the undertaking and each and every part thereof. If the court so directs, the receiver may exclude the governmental body, its governing body, officers, agents, and employees, and all persons claiming under them wholly therefrom. The receiver shall have, hold, use, operate, manage, and control the same and each and every part thereof, in the name of the governmental body or otherwise, as the receiver may deem best. He shall exercise all the rights and powers of the governmental body with respect to the undertaking as the governmental body itself might do. The receiver shall maintain, restore, insure, and keep insured the undertaking and from time to time shall make all such necessary or proper repairs as to the receiver may seem expedient. He shall establish, levy, maintain, and collect such fees, tolls, rentals, and other charges in connection with the undertaking as he deems necessary or proper and reasonable. He shall collect and receive all revenues and shall deposit the same in a separate account and apply the revenues so collected and received in such manner as the court shall direct.

(b) If the undertaking involves parking meters, the control and operation thereof shall remain in the governmental body and the authority of the receiver appointed under Code Section 36-82-67 shall be limited to the right of receiving only the receipts from the parking meters.

History

Ga. L. 1937, p. 761, § 8; Ga. L. 1953, Jan.-Feb. Sess., p. 489, § 3.

Annotations

JUDICIAL DECISIONS Constitutionality. - See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).

Cited in Hicks v. State, 99 Ga. App. 302, 108 S.E.2d 187 (1959).

RESEARCH REFERENCES Am. Jur. 2d. - 65 Am. Jur. 2d, Receivers, §§ 133, 134, 136.

C.J.S. - 75 C.J.S., Receivers, §§ 126 et seq., 168.