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2018 Georgia Code 8-3-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 8-3-4 Case Law from Google Scholar Amendments to OCGA 8-3-4

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 1 HOUSING AUTHORITIES

8-3-4. Creation of housing authorities.

In each city and in each county of the state there is created a public body corporate and politic to be known as the "housing authority" of the city or county; provided, however, that such authority shall not transact any business or exercise its powers under this article until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function may be made by the governing body on its own motion or shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare.

(Ga. L. 1937, p. 210, § 4; Ga. L. 1939, p. 126, § 1; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.)

JUDICIAL DECISIONS

Constitutionality.

- Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) does not violate Ga. Const. 1945, Art. I, Sec. I, Para. III (see now Ga. Const. 1983, Art. I, Sec. I, Para. I) because the law vests in the governing body of a municipality authority to determine its need for a housing authority without making any provision for notice to the citizens and taxpayers thereof since the fact-finding power so lodged by the legislature in such governing body is a ministerial function only and not one judicial in character. Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246 (1951).

Instrumentality of state.

- Housing authority created by the Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) is in effect an instrumentality of the state. Knowles v. Housing Auth., 212 Ga. 729, 95 S.E.2d 659 (1956).

Cited in DeJarnette v. Hospital Auth., 195 Ga. 189, 23 S.E.2d 716 (1942); Brown v. Housing Auth., 240 Ga. 647, 242 S.E.2d 143 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Town which becomes a city subsequent to the passage of the Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) would have created therefor a housing authority at the time such town became a city. 1952-53 Op. Att'y Gen. p. 371.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 11.

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