Title 44

(a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned unde…

(a) This article does not relieve the holder of a duty that arose before July 1, 1990, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1990, is subject to the applicable enforcement and penalty provisions that then existed an…

This article does not apply to any property held, due, and owing in a foreign country and arising out of a foreign transaction. History. Code 1981, § 44-12-234, enacted by Ga. L. 1990, p. 1506, § 1.

The commissioner may make necessary rules and regulations to carry out the provisions of this article. History. Code 1981, § 44-12-235, enacted by Ga. L. 1990, p. 1506, § 1.

(a) As used in this Code section, the term: (1) “Approved uses” means: (A) Donated to an Internal Revenue Code Section 501(c)(3) organization serving in the electric membership corporation’s service area; (B) Used in support of education in the electric membership corporation’s s…

(a) As used in the Code section, the term: (1) “Area” means any county in which a telephone cooperative provides telephone service and any county adjacent thereto. (2) “Telephone cooperative” shall have the same meaning as provided for the term “cooperative” in Code Section 46-5-…

(a) Notwithstanding the provisions of subsection (a) of Code Section 44-12-216, United States savings bonds which are unclaimed property and subject to the provisions of Code Section 44-12-190, et seq., the “Disposition of Unclaimed Property Act,” shall escheat to the State of Ge…

Any person making a claim for the United States savings bonds escheated to the state under Code Section 44-12-237, or for the proceeds from such bonds, may file a claim in accordance with the provisions of Code Section 44-12-190, et seq., the “Disposition of Unclaimed Property Act…

As used in this article, the term: (1) “Harvesting season” means that portion of each calendar year beginning on October 1 and ending on December 31. (2) “Owner” means the person, firm, or corporation owning the land on which pecan trees are growing or the person, firm, or corporat…

(a) When pecan trees are grown on private property and the branches of the trees extend over public roads, streets, or highway rights of way, any pecans falling from any such pecan trees onto the public rights of way shall be the property of the owner of the pecan trees until the…

Any pecans remaining on public roads, streets, or highway rights of way during any portion of the calendar year except the harvesting season shall be deemed to be abandoned by the owner of the pecans; and it shall not be unlawful for any person to remove such pecans from such pub…

As used in this article, the term: (1) “American Indian” means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legisl…

(a) Any museum having possession or control over holdings or collections of American Indian human remains or burial objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum, identify the geographical and cultural a…

The council shall monitor and review the implementation of inventory and identification process and repatriation activities required under Code Sections 44-12-261 and 44-12-262 to ensure a fair, objective consideration and assessment of all available relevant information and evide…

(a) Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon: (1) The archeological, historical, or commercial value of the item inv…

(a) As used in this Code section, the term: (1) “Anthropologist” means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession. (2) “Archeolo…

Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties for each day such member of the council is in attendance at a meeting of the council. History. Code…

Annually, the councilmembers shall elect a chairperson for a term of one year. The council shall meet as frequently as needed to perform its duties, upon the call of the council chairperson. Five councilmembers shall constitute a quorum to conduct business. History. Code 1981, § …

The council shall have the following powers and duties: (1) To serve as a resource for the notification of relatives under paragraph (4) of Code Section 36-72-5, relating to notification of relatives pursuant to obtaining a permit for land use change or disturbance; provided, howev…

In addition to any other powers granted by law, the council may, in its discretion, study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; investigate relief needs of Indians in Georgia and provide technical assistance in the …

The council is authorized to promulgate rules and regulations to accomplish the provisions of this article in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The council is expressly prohibited from engaging in any activity which would tend to …

The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this part and to contract for such s…

(a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities: (1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533; (2) The Lower Muscogee Creek Tribe Route 2, Box 37…

Ga. L. 2010, p. 481, § 3-1/HB 451, not codified by the General Assembly, provides that: “This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a …

As used in this article, the term: (1) “Customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate…

(a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder. (b) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years foll…

(a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien…

(a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered mail or statutory overnight delivery, return receipt requested. The notice shall include the following information:…

In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control. History. Code 1981, § 44-12-322, enacted by Ga. L. 1999, p. 862, § 1. CHAPTER 13 EXEMPTIONS FROM LEVY AND…

Assignment of chose arising upon contract, §44-12-22. Contracts retaining title. Foreclosures on bills of sale or contracts retaining title, §§44-14-280 to 44-14-282. Recordation. Expiration of notice effected by recording security instrument in personal property, §§44-14-140 to …

Nature of loan for use. Borrower’s duty of extraordinary care. Loan beneficiaries and responsibilities. Right of borrower to possession; action for interference. When borrower may transfer thing loaned; liability of article to levy and sale. Revocability of loans. Liability for ne…

Definitions. When property held, issued, or owing in ordinary course of holder’s business presumed abandoned. Conditions under which intangible property subject to custody of state as unclaimed property. When sums payable on traveler’s checks or money orders deemed abandoned; cond…

Landlord and tenant. Parol contract creating landlord and tenant relationship. Not exceeding one year, §44-7-2. STATUTE OF LIMITATIONS. Adverse possession generally, §§44-5-160 to 44-5-177. Bailments. Depository liens. Involuntary, gratuitous or naked deposits. Sale of property a…

UNRECORDED CONVEYANCES. Bona fide purchasers. Protection against, §44-2-4. INDEX UNRECORDED CONVEYANCES —Cont’d Bona fide purchasers —Cont’d Void as against, §44-2-3. Deeds. Notice, §44-2-1. Land registration. Certificates of title, §44-2-167. USUFRUCTS. Landlord and tenant generall…

CONFLICTS OF INTEREST. Anatomical gifts. Coroners, limitations on authorization of removal or donation, §44-5-154. CONFLICTS OF LAW. Transfers to minors. Transfers under similar acts of other states, §44-5-112. Unclaimed property. Cooperation with other states,

Assumption of custody by state; legal proceedings instituted by other state; reimbursements for costs to safe-deposit box holders. Sale or destruction of property. Disposition of funds received under article. When commissioner may decline to receive certain property. Claims for p…

Pecans falling on public right of way; ownership during harvest season; picking pecans from tree limbs without permission; penalty. Pecans on public right of way; removal out of harvest season. Effect of article on maintenance of public rights of way; harvest on limited access hi…

(d)(1) The department shall issue permits and enter into contractual agreements with recognized scientific institutions or qualified individuals for the purposes enumerated in subsection (c) of this Code section on all state owned or state controlled lands. (2) Applicants or contra…

Easements. Mining and quarrying rights of way. Controlling water power by mine owner by constructing, §44-9-73. Mining and quarrying rights of way. Control of water power by mine owner by constructing, §44-9-73. DEATH. Accidental death. Real estate transactions. Accidental death …