TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 4 SECURITY AGREEMENTS RELATING TO CROPS

44-14-100. Tree growing and fruit producing as agricultural pursuits; gum producers as farmers.

The planting, growing, cultivating, harvesting, and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of this state as an agricultural pursuit.
Every original producer or manufacturer of crude gum, oleoresin, from which is derived or may be derived gum spirits of turpentine and gum resin, and his or her employees are declared to be, for all intents and purposes, farmers insofar as any law of this state relates to farming and farmers.

(Ga. L. 1933, p. 128, §§ 1, 2; Code 1933, § 67-1107; Ga. L. 1939, p. 240, §§ 1, 2; Ga. L. 1962, p. 156, § 1; Ga. L. 1963, p. 188, § 39; Ga. L. 2001, p. 362, § 35.)

The 2001 amendment, effective July 1, 2001, deleted former subsection (a) which read: "As used in laws relating to security agreements with respect to personal property, the terms 'crops' and 'growing crops' means the fruits and products of all annual or perennial plants, trees, and shrubs and shall also mean crude gum, oleoresin, from a living tree." and redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively.

Cross references.

- Forest resources and other plant life generally, Ch. 6, T. 12.

Law reviews.

- For article, "Things Attached to Realty," see 15 Mercer L. Rev. 343 (1964).

JUDICIAL DECISIONS

Section strictly construed.

- Since O.C.G.A. § 44-14-100 is in derogation of the common law, it must be strictly construed, and the intention of the General Assembly carried out if that intention can be gotten from the section itself. Meadows v. Dixon, 61 Ga. App. 697, 7 S.E.2d 329 (1940).

Treatment of crude gum before section enacted.

- Prior to the passage of O.C.G.A. § 44-14-100 at common law and by the law of this state, crude gum was a part of the realty, and only became personalty when it was taken from the tree. As a part of the realty, under the law as it then existed, it was not such a crop as could be mortgaged to secure advances, nor could a bill of sale thereto be given to secure advances for the gathering of the crude gum. Meadows v. Dixon, 61 Ga. App. 697, 7 S.E.2d 329 (1940).

Reason for classification of pine tree products as personalty.

- It was the intention of the General Assembly in passing O.C.G.A. § 44-14-100 to classify the products of the pine tree as personalty solely for the purpose of enabling turpentine operators to obtain credit on their products by the giving of bills of sale or a mortgage, and for no other purpose. Meadows v. Dixon, 61 Ga. App. 697, 7 S.E.2d 329 (1940).

Cited in United States v. Turner Turpentine Co., 111 F.2d 400 (5th Cir. 1940); Collins v. Mills, 198 Ga. 18, 30 S.E.2d 866 (1944); Hamilton Turpentine Co. v. Johnson, 93 Ga. App. 544, 92 S.E.2d 235 (1956).

OPINIONS OF THE ATTORNEY GENERAL

Commissioner of Agriculture may license warehouse storing pine cones under O.C.G.A. § 10-4-2. 1958-59 Op. Att'y Gen. p. 14.

Pine cones may come under O.C.G.A. § 10-4-2, being includable in "agricultural products" as used therein. 1958-59 Op. Att'y Gen. p. 14.

Lumber is not an agricultural product within the meaning of O.C.G.A. § 10-4-2. 1958-59 Op. Att'y Gen. p. 12.

Nursery products such as ornamental garden shrubs are not farm products as that term is used in Ga. Const. 1976, Art. VII, Sec. 1, Para. IV (see, now, Ga. Const. 1983, Art. VII, Sec. 2, Para. IV), and are subject to property taxation. 1969 Op. Att'y Gen. No. 69-407.

RESEARCH REFERENCES

ALR.

- Chattel mortgage on fruit crops growing or to be grown, 54 A.L.R. 1532.

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