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O.C.G.A. § 41-3-10 — Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment | Georgia Code
O.C.G.A. § 41-3-10 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 41 NUISANCES

Section 3. Places Used for Unlawful Sexual and Drug Activities, 41-3-1 through 41-3-13.

41-3-10. Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment.

  1. Whenever a permanent injunction is issued against any person for maintaining a nuisance as described in Code Section 41-3-1 or against any owner of the building, structure, or place knowingly kept or used for the purposes prohibited by this chapter, the judge granting the injunction shall, at the same time, enter judgment against the person, firm, or corporation owning said building, structure, or place in the sum of $300.00; and said judgment shall be a special lien upon the premises complained of and the furniture and fixtures therein and shall as against the property rank from date with all other judgments or liens as provided by law.
  2. The judgment provided for in subsection (a) of this Code section shall issue in the name of the state and be enforced as other judgments in this state. The lien of the judgment upon the property used for the purpose of maintaining the nuisance shall not relieve the person maintaining the nuisance or the owner of the building, structure, or place from any of the other penalties provided by law.
  3. All sums arising from the enforcement of the judgment provided for in subsection (a) of this Code section shall be paid into the treasury of the county in which said judgment is entered and become part of the general funds of said county.

(Ga. L. 1917, p. 177, § 8; Code 1933, § 72-312.)

JUDICIAL DECISIONS

Knowledge by owner as to use of building.

- Knowledge on the part of the owner that the premises were being used, or that the lessee when leasing the premises intended to use the premises, for the illegal purposes set forth in the act, is essential in order to subject the owner to the burden of a permanent injunction and the penalty of the fine prescribed. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

Satisfaction of a money judgment only in part would not affect the remainder or give a new right to the defendant. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

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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.