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2018 Georgia Code 50-15-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-15-1 Case Law from Google Scholar Amendments to OCGA 50-15-1

TITLE 50 STATE GOVERNMENT

Section 15. Public Lawsuits, 50-15-1 through 50-15-4.

ARTICLE 2 OFFICE OF STATE ADMINISTRATIVE HEARINGS

50-15-1. Definitions.

As used in this chapter, the term:

  1. "Political subdivision" means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including, but not limited to, municipalities, counties, school districts, special taxing districts, conservation districts, authorities, and any other state or local public instrumentality or corporation which has the right to bring and defend actions or to issue its bonds or other obligations as evidence of indebtedness under any provision of law and also means any corporate or other entity which leases a public improvement to such political subdivision; and the term also means the governing body of such political subdivision and its members and officers in their official capacity.
  2. "Public lawsuit" means any action whereby the validity, reasonability, soundness, location, wisdom, feasibility, extent, or character of construction, improvement, financing, or leasing of any public improvement, project, or facility by any political subdivision, as owner or as lessee, is questioned directly or indirectly, including, but not limited to, actions for declaratory judgments or injunctions or interventions to declare invalid or to enjoin or to prevent such construction, improvement, financing, or leasing as lessor or as lessee and means any action to prevent or declare invalid or enjoin the creation, organization, or formation of any such political subdivision. This definition as used in this chapter shall not be construed to broaden any right of action as is validly limited by applicable law.

(Ga. L. 1969, p. 815, § 1.)

JUDICIAL DECISIONS

Cited in United States v. Hosp. Auth. of Charlton County (In re Hosp. Auth. of Charlton County), 56 Bankr. Ct. Dec. (LRP) 220 (Bankr. S.D. Ga. July 3, 2012).

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 53.

Cases Citing O.C.G.A. § 50-15-1

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Haney v. Dev. Auth. of Bremen, 519 S.E.2d 665 (Ga. 1999).

Cited 14 times | Published | Supreme Court of Georgia | Jul 8, 1999 | 271 Ga. 403, 99 Fulton County D. Rep. 2504

...[2] Although enacted 30 years ago, the act has never been interpreted by an appellate court. As codified, the act permits any political subdivision in a public lawsuit to petition for a court order that the opposing party or intervenors be dismissed unless they post a bond. [3] OCGA § 50-15-1 defines a "political subdivision" as any state or local body with the right to sue or issue bonds....
...§ 50-15-2. Because I believe that such an approach is an unreasonable interpretation of the statute, I dissent to the reversal of the trial court's order requiring appellants to post a surety bond during the pendency of the appeal. NOTES [1] OCGA §§ 50-15-1 to 50-15-4 (1998)....