O.C.G.A. § 41-3-9 (2019)
Suspension of abatement order and release of property; effect of release of property
(a) If the owner of the building, structure, or place ordered abated shall appear and pay all costs of the proceedings and file a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that he will immediately abate the nuisance and prevent the same from being established or kept within a period of one year thereafter, the court may, if satisfied of the good faith of the owner, order the building, structure, or place closed under the order of abatement to be delivered to said owner and the order of abatement suspended so far as it may relate to said property.
(b) The release of the property under subsection (a) of this Code section shall not release it from any judgment lien, penalty, or liability to which it may be subject by law.
History
Ga. L. 1917, p. 177, § 7; Code 1933, § 72-311.
Annotations
JUDICIAL DECISIONS “Owner.” - Reference in former Code 1933, § 72-309 (see now O.C.G.A. § 41-37), 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. § 41-39), providing for bond, did not contemplate a situation in which the owner is himself the party who maintained the nuisance. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404, 1943 Ga. LEXIS 508 (1943). This section does not apply to an owner who personally used the property for the purposes condemned by the statute, and
against whom as the actual offender the abatement judgment was rendered. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404, 1943 Ga. LEXIS 508 (1943). Partial compliance with judgment. - When in a final decree it was ordered that given buildings be closed pending further order of the court, that the personal property therein be removed and sold, and that judgment be rendered against the defendant and in favor of the state for $300.00, with special lien on the premises as provided by law, the defendant, in paying the $300.00 and the cost of
PLACES OF UNLAWFUL SEXUAL/DRUG ACTIVITIES
the proceeding, would comply with the judgment only in part, and would not thereby acquire any right to a release of the realty or personalty from the order of
abatement. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404, 1943 Ga. LEXIS 508 (1943).
RESEARCH REFERENCES C.J.S. 43A C.J.S., Injunctions, § 397.