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2018 Georgia Code 41-3-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 41-3-7 Case Law from Google Scholar Amendments to OCGA 41-3-7

TITLE 41 NUISANCES

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

41-3-7. Order of abatement generally; breaking and entering or using closed building, structure, or place; fees for removal, sale, or closure of property.

  1. If the existence of a nuisance shall be established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, structure, or place of all fixtures, furniture, and chattels used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution; provided, however, that if it shall appear to the judge that the furniture and chattels are owned by others than the occupants of the building, structure, or place, he may order the effectual closing of the building, structure, or place against its use for any purpose for a period of one year, unless sooner released.
  2. If any person shall break and enter or use a building, structure, or place directed to be closed, as provided in subsection (a) of this Code section, he shall be punished as for contempt.
  3. For removing and selling the movable property, the sheriff or other duly qualified levying officer of the court shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and, for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.

(Ga. L. 1917, p. 177, § 5; Code 1933, § 72-309.)

JUDICIAL DECISIONS

Owner of the personalty is not an owner such as is intended by the phrase "owned by others than the occupants" and as against the owner the personal property shall be removed from the building or place where the nuisance was maintained, and shall be sold. In this respect the statute is mandatory, and the defendant must abide the sale and cannot prevent the sale by paying the costs directly. This, however, is only one of the penalties contemplated; for the "building or place" may itself be closed and kept "closed for a period of one year, unless sooner released." Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

Reference in former Code 1933, § 72-309 (see now O.C.G.A. § 41-3-7), to ownership of personalty by others than the "occupants," and the word "owner," as it appeared in former Code 1933, § 72-311 (see now O.C.G.A. § 41-3-9), providing for bond, did not contemplate a situation in which the owner is personally the party who maintained the nuisance. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

First part of this section, as to what the judgment shall contain, simply declares in express terms that it shall include direction for removal and sale of the personalty, while the meaning of the proviso is, that although the personal property may be owned by others than the occupants, so that it cannot be sold under the abatement judgment, the court may still order the effective closing of the building or place. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

Evidence materially affecting public interest.

- If the judge has discretion to allow the building or buildings reopened within less than one year on petition of the defendant, it is not an arbitrary discretion; and before the judge could properly exercise any discretion in such matter, some new fact or condition materially affecting the public interest should be introduced. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

Cited in Fuller v. Fuller, 197 Ga. 719, 30 S.E.2d 600 (1944).

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Injunctions, §§ 314-318. 58 Am. Jur. 2d, Nuisances, §§ 324, 325, 327, 368, 374, 376, 422, 428.

C.J.S.

- 43A C.J.S., Injunctions, § 285 et seq. 66 C.J.S., Nuisances, §§ 93, 284 et seq., 347 et seq., 359 et seq., 406 et seq..

Cases Citing Georgia Code 41-3-7 From Courtlistener.com

Total Results: 1

Regency Club v. Stuckey

Court: Supreme Court of Georgia | Date Filed: 1984-11-16

Citation: 324 S.E.2d 166, 253 Ga. 583

Snippet: that activity has been held. OCGA §§ 3-7-20, 3-7-41, 3-7-42. On the other hand, OCGA § 3-7-43 permits the