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O.C.G.A. § 38-3-32 — Sovereign immunity granted those who allow premises to be used for emergency management purposes; when | Georgia Code
O.C.G.A. § 38-3-32 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 3. Emergency Management, 38-3-1 through 38-3-191.

ARTICLE 2 ORGANIZATION AND ADMINISTRATION

38-3-32. Sovereign immunity granted those who allow premises to be used for emergency management purposes; when.

When any person, firm, or corporation owning or controlling any real estate or other premises authorizes and permits any emergency management agency, board, or other authority of this state or of any political subdivision of this state to use the premises without charge therefor for the purpose of sheltering persons during an actual or practice emergency or disaster as contemplated by Articles 1 through 3 of this chapter, the person, firm, or corporation, at such times and for such periods during which the premises are occupied and actually employed for purpose of emergency management, shall be clothed with the sovereign immunity of the state. No civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on the premises during an actual or practice emergency, disaster, or enemy attack, or for the loss or destruction of personal property brought upon the premises by any person seeking shelter thereon during an actual or practice emergency or disaster.

(Ga. L. 1953, Jan.-Feb. Sess., p. 354, § 1; Ga. L. 1974, p. 386, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Statute is broadly worded and would apply to mining facilities as well as to other possible shelter areas. 1963-65 Op. Att'y Gen. p. 79 (see O.C.G.A. § 38-3-32).

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This Georgia Code resource is curated by this site's author, 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.