O.C.G.A.

O.C.G.A. § 40-2-28 (2019)

Proof of ownership

✓ 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) Initial applications for registration shall contain such information of ownership as the commissioner shall deem proper, and no vehicle shall be registered unless the commissioner shall be satisfied that the applicant for registration is entitled to have the vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this state by the applicant may be accepted as evidence of ownership by the commissioner. (b) Applications for registration of vehicles brought into this state and previously registered in other states shall be accompanied by an affidavit from the motor vehicle registering official of that state, or other satisfactory evidence indicating that the applicant is the lawful owner of the vehicle, including the date, name, and address of the person from whom it was purchased.

History

Ga. L. 1925, p. 315, § 1; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-205; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 2; Ga. L. 1955, p. 424, § 1; Ga. L. 1973, p. 455, § 1; Code 1981, § 40-2-26; Code 1981, § 40-2-28, as redesignated by Ga. L. 1990, p. 2048, § 2.

Annotations

Law reviews. For comment on Blalock v. Brown, 78 Ga. App. 537, 51 S.E.2d 610 (1949), see 1 Mercer L. Rev. 128 (1949).

JUDICIAL DECISIONS Innocent purchaser for value. - In a prosecution for felony theft by taking of a van, the trial court was entitled to conclude that the victim was an innocent purchaser for value, believing the seller to

be the owner, the defendant’s claim to the contrary notwithstanding; moreover, pursuant to former O.C.G.A. § 24-4-8 (see now O.C.G.A. § 24-14-8), the testimony of a single witness was sufficient to establish

REGISTRATION/LICENSING OF MOTOR VEH.

this fact. Coursey v. State, 281 Ga. App. 494, 636 S.E.2d 669, 2006 Ga. App. LEXIS 1021 (2006). OPINIONS OF THE ATTORNEY GENERAL Refusal to issue plates when ownership not proven. - Commissioner of revenue may refuse to issue plates to applicants who cannot submit satisfactory proof of ownership. 1952-53 Ga. Op. Att’y Gen. 224. Nonresident entitled to tag upon

proof of ownership. - Nonresident who sufficiently establishes ownership of vehicle is entitled to be issued license tag therefor, notwithstanding the fact that the nonresident may not use or intend to use the vehicle in Georgia. 1952-53 Ga. Op. Att’y Gen. 465.

RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 93 et seq. C.J.S. 60 C.J.S., Motor Vehicles, §§ 180, 273, 282. ALR. Civil rights and liabilities as affected by failure to comply with regulations as to

registration of automobile or motorcycle or licensing of operator, 111 A.L.R. 1258; 163 A.L.R. 1375. Right to inspect motor vehicle records, 84 A.L.R.2d 1261. Who is “owner” within statute making owner responsible for injury or death inflicted by operator of automobile, 74 A.L.R.3d 739.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Coursey v. State, 636 S.E.2d 669 (Ga. Ct. App. 2006).
Coursey v. State, 636 S.E.2d 669 (Ga. Ct. App. 2006). · cites it 2× “See OCGA § 40-2-28 (a) (commissioner may accept previous in-state registration by applicant as proof of vehicle ownership); see also Rohatensky v.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.