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2018 Georgia Code 46-3-145 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-145 Case Law from Google Scholar Amendments to OCGA 46-3-145

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 3 MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA

46-3-145. Liability of members of authority on bonds and notes; obligations of state and political subdivisions in regard to issued bonds or notes; requirement as to recital on face of bonds and notes.

  1. Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
  2. Neither the revenue bonds or notes issued under this chapter nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt of, a loan by, or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof. Rather, such bonds and notes shall be payable from the revenues of the authority as provided in the resolutions, trust agreements, or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the state or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or note, and no receiver or trustee in connection therewith, shall have the right to enforce the payment of the bond or note against any property of the state or of any political subdivision thereof; nor shall any such bond or note constitute a charge, lien, or encumbrance, whether legal or equitable, upon any such property.
  3. All such bonds and notes shall contain on their face a recital setting forth the complete immunity of the state and any such political subdivisions from liability thereon, which recital shall contain substantially the foregoing provisions of this Code section.

(Ga. L. 1975, p. 107, § 13; Ga. L. 1982, p. 3, § 46.)

JUDICIAL DECISIONS

State authorities exempt from certain restrictions.

- State authorities, lawfully created, are not subject to the restrictions of Ga. Const. 1976, Art. IX, Sec. VII, Para. I and Art. IX, Sec. VIII, Para. I (Ga. Const. 1983, Art. IX, Sec. V, Para. I, IV, V; Art. IX, Sec. VI, Para. I, II; Art. XI, Sec. I, Para. IV). Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976).

RESEARCH REFERENCES

ALR.

- Suit against railroad owned by or in which interest is held by United States or state, 8 A.L.R. 995.

Remedy available against invalid judgment in favor of United States, state, or other governmental unit immune to suit, 163 A.L.R. 244.

Validity and construction of legislation conferring personal immunity on public officers or employees for acts in course of duty, 163 A.L.R. 1435.

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