O.C.G.A.

O.C.G.A. § 52-7-77 (2019)

Payment of balance remaining after satisfaction of liens, security interests, and debts

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The clerk of the court shall retain the remaining balance of the proceeds of a sale conducted under Code Section 52-7-75, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned vessel or any interested party, then he shall pay such remaining balance as follows:

(1) If the abandoned vessel came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;

WATERS OF STATE, PORTS & WATERCRAFT

(2) If the abandoned vessel came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;

(3) If the abandoned vessel came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made; or

(4) If the abandoned vessel came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.

History

Code 1981, § 52-7-77, enacted by Ga. L. 1989, p. 613, § 1.

CHAPTER 8 DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY Sec.

Throwing stone, gravel, or other ballast into navigable waters. Duty of pilots to report unlawful discharge of stone, gravel, or other ballast into bays and harbors. Recovery of forfeiture; attachment and replevy of vessels.

Cross references. - Use of anti-syphon devices for irrigation systems, § 2-1-4. Disposal of sewage and

Sec.

Power of municipalities to prohibit throwing or depositing of substances which might lessen depth of navigable waters. Power of municipalities to prohibit throwing or depositing of substances dangerous to navigation or injurious to vessels.

waste into waters of state generally, § 12-5-29. Control of soil erosion and sedimentation, T. 12, C. 7.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 70 Am. Jur. 2d, Shipping, § 102. C.J.S. - 80 C.J.S., Shipping, §§ 20, 21. ALR. - Substantive law of state as applicable to action for personal injury not

resulting in death growing out of a maritime tort, 59 A.L.R. 504. Liability for failure to rescue seaman who has gone overboard, 91 A.L.R.2d 1032.