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2018 Georgia Code 52-2-26 | Car Wreck Lawyer

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 2. Georgia Ports Authority, 52-2-1 through 52-2-39.

ARTICLE 2 RIGHT OF PASSAGE

52-2-26. Revenue bonds - Remedies of bondholders and trustee.

Any holder of revenue bonds issued under this chapter or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights granted under the laws of this state, granted under this chapter, or granted under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects; but no holder of any such bond shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state. Any provision of this chapter or any other law to the contrary notwithstanding, any such bondholder or trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials with Article VII, Section IV of the Constitution of the State of Georgia and permission is given for the institution of any such proceedings to compel the payment of lease obligations.

(Ga. L. 1945, p. 464, § 11; Ga. L. 1963, p. 342, § 5; Ga. L. 1983, p. 3, § 67; Ga. L. 1984, p. 22, § 52.)

JUDICIAL DECISIONS

Cited in State Ports Auth. v. Arnall, 201 Ga. 713, 41 S.E.2d 246 (1947).

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