Title 44 — Title 44

Abandonment of contents, §44-12-209. Delivery of contents to commissioner of revenue, §44-12-209. Inventory of contents upon delivery to commissioner of revenue, §44-12-209. Notice of opening of box, §44-12-209.

PUBLIC UTILITIES. Abandonment of funds held or owing by, §44-12-199. After-acquired property. Bond issues secured by mortgages, bills of sale to secure debt, deeds to secure debt, etc. Right of utility to embrace, cover, convey, etc., §44-14-35.1. Bills of sale to secure debt. Bo…

Opening of box, §44-12-209. Sales, §44-12-217. Orders. Limitations specified by court order. Expiration not to affect duties required by article, §44-12-226. 1182 INDEX UNCLAIMED PROPERTY —Cont’d Ordinary course of holder’s business. Property held, issued or owing in. When presume…

(a) All abandoned property, other than money delivered to the commissioner under this article, shall, within three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judgment, the most favorable market for t…

All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall be deposited by the commissioner in the general fund; provided, however, that the commissioner may deduct moneys necessary to cover the direct adm…

v. Daniel & Son, 80 Ga. 74, 4 S.E. 259, 1887 Ga. LEXIS 324 (1887). Architects’ certificate is assignable. Timmons v. Citizens Bank, 11 Ga. App. 69, 74 S.E. 798, 1912 Ga. App. LEXIS 261 (1912). Entry in bank book. — An entry in a bank book is equivalent to a receipt for money and i…

Any person aggrieved by a decision of the commissioner or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim may appeal such decision or lack of decision to the Superior Court of Fulton County. The proceeding shall be brought within 90…

Fee simple estates. Dying without heirs, dying without leaving heirs or issue. Construction and effect of limitations over after death of first taker, §44-6-25. Heirs or equivalent not necessary to create, §44-6-21. Limitations over to heirs, heirs of the body, lineal heirs, lawfu…

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect…

Article does not relieve holder of duty, §44-12-232. Filing compelled by commissioner of revenue, §44-12-229. Penalty for willfully failing to render, §44-12-227. Persons holding property presumed abandoned, §44-12-214. REPOSSESSION. Motor vehicles. Contents, §44-14-411.1. Notice…

Cooperation with other states, §44-12-213. UNCLAIMED PROPERTY —Cont’d Conflict of laws —Cont’d Nonresident’s property held for or owed by holder subject to jurisdiction of nonresident’s state. Property not presumed abandoned in this state and subject to this article, §44-12-212. C…

Distress warrants. Third person claims, §44-7-81. Transfers to minors. Assertion of claim arising out of custodial relationship, §44-5-127. CLAMS. Riparian rights, §§44-8-6, 44-8-7. CLASS ACTIONS. Property owner’s associations. Noncompliance with instrument or rules and regulatio…

(a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00. (b) A person, firm, or…

(a) Every financial institution, banking organization, and business association and all other holders required to file a report under Code Section 44-12-214 shall retain all books, records, and documents necessary to establish the accuracy and compliance of such report for ten year…

Publication, §44-12-215. Proceedings instituted by other states, §44-12-216. Rent due on safe-deposit boxes.

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor. History. Civil Code 1895, § 3078; Civil Code 1910, § 3654; Code 1933, § 85-1804. History of Section. This Code sect…

The commissioner may employ the services of such independent consultants, and other persons possessing specialized skills or knowledge as he shall deem necessary or appropriate for the administration of this article, including, but not limited to, valuation, maintenance, upkeep, …

Patronage dividends or capital credits presumed abandoned. Alternative method for disposition, §44-12-236. Electronic publication of Georgia unclaimed property list, §44-12-215. Employee trust distributions and income. When presumed abandoned, §44-12-207. Employment of independen…

Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of said securities into the name of the commissioner. History. Code 1981, § 44-12-233, enacted by Ga. L. …

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. 297 44-12-236 44-12-236. Alternative method of disposition with respect to certain dividends or capital cr…

Anatomic gifts. Modification, limitation, and superseding of electronic signatures in global and national commerce act, §44-5-159.4. Environmental covenants. Electronic signatures and delivery, §44-16-14. Recordation.

(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…

Loss by abandonment, §44-9-6. Private ways. Failure to maintain, §44-9-45. Nonpayment of compensation assessed by jury, §44-9-47. Timber tramways, §44-9-92. Fixtures. Trade fixtures erected by tenant remaining after term, §44-7-12. Holes. Abatement of hazard from abandoned well or…

Committed during custodianship. Assertion of claim, §44-5-127. Personal liability of custodian or minor, §44-5-127. TOWED VEHICLES. Actions. Removal of improperly parked cars or trespassing personal property. Actions for damages as result of violation, §44-1-13. Costs. Removal of…

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…

Right of owner of pecan trees to harvest from, §44-12-243. Limited access highways. Right of owner of pecan trees to harvest from, §44-12-243. Maintenance of public rights of way. Effect of article on, §44-12-243. Picking pecans from tree limbs without permission, §44-12-241. Rem…

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…

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…

Liens. Veterinarians and boarders of animals, §§44-14-490 to 44-14-494. CATTLE. Landlord and tenant. Tenant’s right to use pasturage for cattle, §44-7-11. Liens. Offspring of blooded or imported bull for services of bull, §44-14-511. Offspring of bull. Lien for service, §44-14-51…

Museums. American Indian human remains and burial objects held by. Violations of provisions. Civil penalty, §44-12-264. Recognized legitimate American Indian Tribes, §44-12-300. Tribes. Recognized by state of Georgia, §44-12-300. INJUNCTIONS —Cont’d Private ways. Alternative righ…

CASKETS —Cont’d American Indian human remains and burial objects held by museums —Cont’d Inventory of burial objects, §44-12-261. Monitoring and review of inventory, identification and repatriation activities, §44-12-263. Penalties for violations of provisions, §44-12-264. Return …

Annual report to governor, §44-12-285. Rule and regulation promulgation, §44-12-283.2. Terms of office, §44-12-280.

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 …

Definitions, §44-12-260. Museums holding, §§44-12-260 to 44-12-264. Civil penalties for violations, §44-12-264. Culture affiliation.

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 …

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…

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. 317 T.44, C.13 T.44, C.13 PROPERTY …

Thompson, 177 Ga. App. 528, 339 S.E.2d 784, 1986 Ga. App. LEXIS 1456 (1986). Purpose of transaction determines existence of bailment. — If the furnishing of an automobile is within what may be said to be a “business” of the owner, one to whom the car is entrusted for such purpose…

Depositories’ liens. Involuntary, gratuitous or naked depositories. Sale of property at public auction, §44-14-411. Disposition of proceeds, §44-14-412. One-year limitation for claims of owners, §44-14-412. Special right of property in bailee in thing bailed, §44-12-42. Title. Hi…

All bailees are required to exercise care and diligence to protect the thing bailed and to keep it safe. Different degrees of diligence are required according to the nature of the bailments. History. Orig. Code 1863, § 2033; Code 1868, § 2034; Code 1873, § 2060; Code 1882, § 2060…

v. Black, 110 Ga. App. 554, 139 S.E.2d 437, 1964 Ga. App. LEXIS 699 (1964). Bailor’s contributory negligence. — Where the plaintiff leased an airplane to the defendant, and sent with the airplane a co-pilot employed by the plaintiff, and the airplane was subsequently damaged due …

Abandonment of contract. Breach of contract, §44-12-65. Action for conversion by bailor, §44-12-65. Actions of hirer and bailor, §44-12-69.

The hirer of things acquires a qualified ownership of them for the time specified, which qualified ownership entitles him to all their increase and to the possession and enjoyment of them during the period of bailment against everyone else, including the owner himself. History. Orig…

(a) The duties of the hirer of things are: (1) To put the thing to no other use than that for which it is hired; (2) To take ordinary care in its use; (3) To redeliver the thing at the expiration of the bailment; and (4) To comply generally with the terms of the hiring. (b) If th…

v. Taylor, 194 Ga. App. 630, 391 S.E.2d 435, 1990 Ga. App. LEXIS 288 (1990). A ski rental agreement established the relationship of bailor-bailee which was governed by the terms of the agreement and the obligations of a bailor under O.C.G.A. § 44-12-63. Benford v. RDL, Inc., 223 …

44-12-66. Article 2 Choses in Action 44-12-20. 44-12-21. 44-12-22. 44-12-23. 44-12-24. 44-12-67. “Chose in action” defined. Rights and remedies to enforce choses in action. Assignment of choses in action arising upon contracts. Assignment of a fund. What rights of action may and m…