§ 23-3-73. Enforcement of Article
All municipalities, counties, and housing authorities shall have standing pursuant to this article. History. Code 1981, § 23-3-73 , enacted by Ga. L. 2006, p. 39, § 18/HB 1313. Editor’s notes. Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: “This Act shall be known and may be […]
§ 23-3-43. Special Master
At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as provided for in Code Sections 23-3-63 through 23-3-68, except that as in other equity cases there shall be no right to a jury trial. History. Code 1981, […]
§ 23-3-44. Redemption and Notice
Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales; provided, however, that the length of time for redemption shall remain as provided by law and nothing in this Code section shall preclude the necessity of giving all parties at interest notice of this proceeding. History. […]
§ 23-3-60. Purpose of Part
The purpose of this part is to create a procedure for removing any cloud upon the title to land, including the equity of redemption by owners of land sold at tax sales, and for readily and conclusively establishing that certain named persons are the owners of all the interests in land defined by a decree […]
§ 23-3-61. Who May Bring Proceeding
Any person, which term shall include a corporation, partnership, or other association, who claims an estate of freehold present or future or any estate for years of which at least five years are unexpired, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof […]
§ 23-3-62. Venue; Contents, Verification and Filing of Petition; Filing in Lis Pendens Docket
The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated. The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner’s interest in the […]
§ 23-3-63. Submission to Special Master
The court, upon receipt of the petition together with the plat and instruments filed therewith, shall submit the same to a special master who shall be a person who is authorized to practice law in this state and is a resident of the judicial circuit wherein the action is brought. History. Ga. L. 1966, p. […]
§ 23-3-64. Other Required Evidence
The master shall examine the petition, plat, and all documents filed therewith and may require other evidence to be filed, including, but not limited to, an abstract of title. History. Ga. L. 1966, p. 443, § 4.
§ 23-3-65. Notice; Process; Service by Publication; Filing of Adverse Pleading; Appointment of Disinterested Representative
Upon the filing of all evidence with him, the master shall: Determine who is entitled to notice, including, but not limited to, all adjacent landowners and all adverse claimants as to whose adverse claims petitioner has actual or constructive notice; Cause process to issue, directed to all persons who are entitled to notice and to […]
§ 23-3-66. Jurisdiction of Special Master; Trial by Jury
Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature, or extent of petitioner’s […]