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Georgia Statutes, Title 52

Georgia/Statutes

← All Georgia coverage

Title 52

10 chapters · 206 sections in this title.

All chapters in Title 52206 Ch 7, REGISTRATION, OPERATION, AND SALE OF…65 Ch 2, GEORGIA PORTS AUTHORITY39 Ch 6, PILOTS AND PILOTAGE35 Ch 1, GENERAL PROVISIONS20 Ch 4, CANAL COMPANIES16 Ch 5, NAVIGATION COMPANIES12 Ch 3, INTRACOASTAL WATERWAY8 Ch 8, DISCHARGE OF SUBSTANCES DANGEROUS TO…5 Ch 10, FOREIGN TRADE ZONES4 Ch 9, RIVER AND HARBOR DEVELOPMENT2

206 sections·Filtered byTitle 52✕

O.C.G.A. § 52-2-37 Creation of authority and carrying out of authority’s corporate purpose as constituting a public purpose; covenant with bondholders as to tax-exempt status of authority’s property
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It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the beneﬁt of the people of this state and is a public purpose and that the authority will be performing an essential governmental functio…
O.C.G.A. § 52-2-38 Construction of chapter
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This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1945, p. 464, § 18.
O.C.G.A. § 52-2-39 Short title, §52-2-1
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POSTHUMOUS CHILDREN. Wills. Revocation, §53-4-48. POUR-OVERS. Testamentary additions to trusts act, §§53-12-100 to 53-12-120. POWERS OF APPOINTMENT. Life beneﬁciary of trust. Power over trust assets. Trust not considered revocable because of, §53-12-44. Trusts and trustees. Repre…
O.C.G.A. § 52-2-4 Creation of authority; status of authority as an instrumentality of state and a public corporation

Showing 51–100 of 206

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There is created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title the authority may contract and be contracted with, sue an…

O.C.G.A. § 52-2-5 Composition of authority; appointment, terms, and qualiﬁcations of members generally; ﬁlling of vacancies; election of chairperson, vice chairperson, and secretary-treasurer; quorum

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(a) The authority shall consist of 12 members to be appointed by the Governor from the state at large. (b) The nine members of the authority in office immediately prior to May 1, 2000, shall serve out the remainder of the terms for which they were appointed, all of such terms exp…

O.C.G.A. § 52-2-6 Compensation of members and reimbursement for expenses

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The members of the authority shall be compensated in the amount of $40.00 per day, plus actual expenses incurred, for each day’s service spent in the performance of the duties of the authority. Such compensation shall be limited to 150 days for the chairman and 60 days for each o…

O.C.G.A. § 52-2-7 Making of rules and regulations; delegation of powers and duties; perpetual existence of authority

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The authority shall make necessary rules and regulations for its own government. The authority may delegate to one or more of its members or to its officials, agents, or employees such powers and duties as it may deem proper. The authority shall have perpetual existence. History.…

O.C.G.A. § 52-2-8 Eligibility for membership

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No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or who shall thereafter become a member of any local port authority of any city, town, county, or district. History. — Ga. L. 1949, p. 778, § 2; Ga. L. 1955, p. …

O.C.G.A. § 52-2-9 Powers of authority generally

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The authority shall have the following powers: (1) To have a seal and alter the same at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it m…

O.C.G.A. § 52-3-1 Purpose of chapter

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It is the intent and purpose of this chapter to provide for the construction and maintenance by the United States government of the intracoastal waterway and its salt-water tributaries, hereinafter referred to as the intracoastal waterway, from the state boundary line in the Sava…

O.C.G.A. § 52-3-11 Right of Department of Transportation to enter lands in order to locate rights of way

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For the purpose of determining the lands, easements, and property necessary for the uses set out in this chapter, the Department of Transportation, the United States government, or the agents of either shall have the right to enter upon any lands along the general line of the rig…

O.C.G.A. § 52-3-12 Effect of chapter on state’s jurisdiction over lands affected by chapter; effect on service of process on such lands

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Neither this chapter, nor any part thereof, nor any grant or deed made under the authority hereof shall operate to divest the State of Georgia of jurisdiction over any lands; and all civil and criminal process issued under the authority of any laws of this state may be executed i…

O.C.G.A. § 52-3-4 Entry of lands in order to locate rights of way, §52-3-11

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Oysters. Lease of property for cultivation and gathering. Procedure where property required for right of way has been leased, §52-3-8. Eminent domain. Department of transportation, §§52-3-4, 52-3-5. Gifts. Department of transportation. Receipt and use, §52-3-7. Jurisdiction. Stat…

O.C.G.A. § 52-3-5 Exercise of power of eminent domain

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If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with th…

O.C.G.A. § 52-3-7 Right of Department of Transportation to receive and use gifts and donations of money and property

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The Department of Transportation may receive gifts and donations of money or property from individuals, ﬁrms, corporations, and political subdivisions and may use the same in defraying expenses of the department and the costs of acquiring the property and rights necessary for the…

O.C.G.A. § 52-3-8 Procedure in cases where property required for right of way or spoil disposal areas has been leased for cultivation and gathering of oysters

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If any of the lands or property, the use of which is required for right of way and spoil disposal areas, shall have been leased by the Department of Natural Resources to any individual, ﬁrm, or corporation for the cultivation and gathering of oysters, the department is authorized…

O.C.G.A. § 52-3-9 Claims for damages to oysters

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Any person, ﬁrm, or corporation or their heirs, executors, administrators, successors, or assigns who may be compensated for damages to oysters during construction of the intracoastal waterway shall be estopped from making further claims for damage to oysters in or upon the same …

O.C.G.A. § 52-4-1 Filing of petition for incorporation; contents of petition; ﬁling fee

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Any number of persons, not less than ﬁve, desiring to be incorporated as a company for the purpose of constructing, operating, and maintaining a canal, may ﬁle with the Secretary of State a petition setting out the names and domicile of the petitioners, that they desire to be inc…

O.C.G.A. § 52-4-10 Power of companies to enlarge works and appliances of canals and branch canals and to deepen and widen canals

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Any company incorporated under this chapter is authorized to enlarge any of the works or appliances of a canal or branch canals and enlarge a canal anywhere along the line of the same by deepening and widening it, making basins, dams, reservoirs, or otherwise. Any such company is…

O.C.G.A. § 52-4-11 Furnishing of canal water by canal companies; charges for use of water

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Any canal company incorporated as provided in this chapter is authorized to allow water to be drawn from its canal for the purpose of propelling machinery, irrigating lands, furnishing water for drinking or ﬁghting ﬁre, or any other purpose that the board of directors may deem pr…

O.C.G.A. § 52-4-12 Toll rates for use of canals

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All companies incorporated as provided in this chapter may permit all goods, lumber, rafts of every description, vessels of every kind, and all other things that can be transported to be conveyed through their canals and may collect such tolls as they may deem proper therefor. Hi…

O.C.G.A. § 52-4-13 Encroachment of canals upon public roads; construction and maintenance of bridges

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Whenever any canal or backwaters of any company incorporated as provided in this chapter shall encroach upon or cross any public road, the company shall restore the road to a condition suitable for use by the public, by bridges or otherwise. All bridges constructed under this Cod…

O.C.G.A. § 52-4-14 Mortgage, sale, or lease of canal, other properties, corporate rights, and franchises

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Companies incorporated under this chapter may mortgage, sell, or lease their canal and other properties, corporate rights, and franchises to any person or corporation to obtain money to purchase, construct, or maintain their works and franchises. History. — Ga. L. 1893, p. 81, § …

O.C.G.A. § 52-4-15 Powers and duties of companies generally

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Right of corporation to increase or decrease capital stock. Power of companies to enlarge works and appliances of canals and branch canals and to deepen and widen canals. Furnishing of canal water by canal companies; charges for use of water. Toll rates for use of canals. Encroac…

O.C.G.A. § 52-4-16 Taxes applicable to canal companies

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The corporations named in this chapter shall be subject to state, county, and municipal taxation. History. — Ga. L. 1893, p. 81, § 13; Civil Code 1895, § 1999; Civil Code 1910, § 2380; Code 1933, § 17-114.

O.C.G.A. § 52-4-2 Issuance of certiﬁcate of incorporation

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When the petition for incorporation has been made and ﬁled and the fee paid, as provided in Code Section 52-4-1, the Secretary of State shall issue to the petitioners a certiﬁcate as follows: ‘‘Georgia. To whom it may concern — Greetings: having ﬁled their petition in the terms o…

O.C.G.A. § 52-4-3 Maintenance by Secretary of State of ﬁles and books regarding canal companies

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The Secretary of State shall keep on ﬁle all petitions for incorporation and transcripts from minutes provided for in this chapter and shall also keep a book in which shall be entered by him the name of the company, date of incorporation, amount of capital stock, location of prin…

O.C.G.A. § 52-4-4 Time of commencement of corporate existence; duration of corporate existence

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Upon the issuance of the certiﬁcate, the persons therein named, their associates, and their successors shall be and become a body corporate for the period provided for in Code Section 14-4-62. History. — Ga. L. 1893, p. 81, § 2; Civil Code 1895, § 1988; Civil Code 1910, § 2369; C…

O.C.G.A. § 52-4-5 Filing of petition for incorporation; contents of petition; ﬁling fee

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Issuance of certiﬁcate of incorporation. Maintenance by Secretary of State of ﬁles and books regarding canal companies. Time of commencement of corporate existence; duration of corporate existence. Petitioners as constituting ﬁrst board of directors; election of officers; prescri…

O.C.G.A. § 52-4-6 Publication of notice upon subscription for all of capital stock and payment of 10 percent thereof; authorization for commencing transaction of business; personal liability of directors and stockholde

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When all the capital stock has been subscribed for and 10 percent thereof paid in, notice of that fact shall be published three times in the public newspaper in which the sheriff’s sales are advertised in the county in which is situated the principal office of the corporation. Wh…

O.C.G.A. § 52-4-7 Location of principal office

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The principal office of all companies incorporated as provided in this chapter shall always be in this state. History. — Ga. L. 1893, p. 81, § 11; Civil Code 1895, § 1997; Civil Code 1910, § 2378; Code 1933, § 17-105.

O.C.G.A. § 52-4-8 Powers and duties of companies generally

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All companies incorporated under this chapter shall have power to bring or be the subject of actions; make contracts; lease, purchase, hold, and sell such property, real and personal, as may be necessary for the purposes of the corporation; and construct and maintain a canal and …

O.C.G.A. § 52-4-9 Right of corporation to increase or decrease capital stock

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All companies incorporated under this chapter may increase or decrease their capital stock in the manner provided in Code Sections 14-4-120 and 14-4-121. History. — Ga. L. 1893, p. 81, § 10; Civil Code 1895, § 1996; Civil Code 1910, § 2377; Code 1933, § 17-107.

O.C.G.A. § 52-5-1 Granting of corporate powers and privileges by Secretary of State

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All corporate powers and privileges to navigation companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions and subject to all the provisions of this chapter and the Constitution of Georgia. History. — Ga. L. 1894, p. 71, § 1; C…

O.C.G.A. § 52-5-10 Procedure for increase of capital stock

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(a) A company desiring to have its capital stock increased shall: (1) File in the office of the Secretary of State a petition signed with the corporate name, stating: (A) The name and character of the corporation; (B) The date of its original charter and all amendments thereto; a…

O.C.G.A. § 52-5-11 Powers of companies generally

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The company shall have the following powers: (1) To acquire, purchase, hold, and operate all such real and personal property as may be necessary or convenient for the maintenance and operation of its business and to accomplish the purposes of its organization; (2) To convey perso…

O.C.G.A. § 52-5-12 Adoption of chapter by companies incorporated prior to April 1, 1969, and by persons otherwise owning or operating a navigation business

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(a) Any navigation company incorporated prior to April 1, 1969, whether by the General Assembly or otherwise, may amend its charter by adopting the provisions of this chapter, by ﬁling with the Secretary of State a petition signed with the corporate name, stating the name and cha…

O.C.G.A. § 52-5-2 Filing of petition for incorporation; contents of petition; attachment of affidavit of incorporators; endorsement, recordation, and ﬁling of petitions by Secretary of State

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Any ﬁve or more natural persons may act as incorporators of a corporation to be organized under this chapter by ﬁling a petition in writing, addressed to the Secretary of State, in which shall be stated the names and residences of each of the persons desiring to form the corporat…

O.C.G.A. § 52-5-3 Issuance of certiﬁcate of incorporation generally

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When the petition shall have been ﬁled with the Secretary of State, he shall issue to the company, under the great seal of the state, the following form of certiﬁcate: ‘‘To all to whom these presents may come — Greetings: Whereas, in pursuance of an Act of the General Assembly of…

O.C.G.A. § 52-5-4 Time of commencement of corporate existence; payment of fee for issuance of certiﬁcate

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When the Secretary of State issues a certiﬁcate of incorporation, the persons who signed the petition described in Code Section 52-5-2 and all persons who shall become stockholders in such company shall be a corporation by the name speciﬁed in the petition and certiﬁcate and shal…

O.C.G.A. § 52-5-5 Duty of Secretary of State to assure company’s compliance with chapter prior to issuance of certiﬁcate; certificate as constituting evidence of corporation’s existence and compliance with chapter

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Before the Secretary of State shall issue the certiﬁcate, he shall satisfy himself that all the requirements of Code Section 52-5-2 have been substantially complied with. Any certiﬁcate or duplicate thereof issued by the Secretary of State shall be conclusive evidence of the exis…

O.C.G.A. § 52-5-6 Organization of company; quorum; election of ﬁrst board of directors; qualiﬁcations of directors; election and appointment of officers and agents; annual election of, and ﬁlling of vacancies on, board

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When the amount of capital stock has been subscribed, the persons named in the certiﬁcate of incorporation, or a majority of them, are authorized to call a meeting of the stockholders for the purpose of organization, which meeting shall be held in the city or other place where th…

O.C.G.A. § 52-5-7 Opening books of subscription for capital stock; restriction on increase of capital stock

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When the certiﬁcate has been issued, the persons named therein, in case they shall not have subscribed for the entire capital stock, may open books of subscription to complete the subscription to the capital stock of the company, in such manner and for such amount per share as th…

O.C.G.A. § 52-5-8 Manner of payment for stock; auction sale of stock upon default by subscriber; giving delinquent subscriber notice of auction sale

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The directors may require the subscribers to the capital stock to pay the amounts variously subscribed by them in such installments as they may deem proper. The directors may receive cash or property, real or personal, at the agreed value thereof in the payment of such installmen…

O.C.G.A. § 52-5-9 Stock as constituting personal property; determination of manner of transfer of stock

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The stock in the company shall be deemed personal property and shall be transferable in such manner as may be prescribed by the bylaws of the company. History. — Ga. L. 1894, p. 71, § 7; Civil Code 1895, § 2155; Civil Code 1910, § 2573; Code 1933, § 17-210.

O.C.G.A. § 52-6-1 Composition of board; terms of commissioners

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The corporate authorities of Savannah, Darien, Brunswick, and St. Marys shall each have power to appoint a Board of Pilotage Commissioners (hereinafter referred to as the commissioners), consisting of seven commissioners, each appointed for a term of seven years. Terms of the com…

O.C.G.A. § 52-6-11 Rules and regulations; reciprocal pilotage in port of St

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Marys and tributaries of St. Marys River. (a) The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees when, in their judgment, it is nece…

O.C.G.A. § 52-6-2 Filling of vacancies on board

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Vacancies occurring for any reason before the expiration of a term shall be ﬁlled by appointment by the corporate authorities for the unexpired term. History. — Ga. L. 1894, p. 41, § 2; Civil Code 1895, § 1652; Civil Code 1910, § 1898; Ga. L. 1914, p. 57, § 1; Code 1933, § 80-102…

O.C.G.A. § 52-6-3 Qualiﬁcations of commissioners

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Only ship agents, exporters, merchants, or other persons who are not pilots and who are engaged in or are familiar with marine shipping and with the requirements of their respective ports shall be appointed commissioners of pilotage. History. — Ga. L. 1894, p. 41, § 2; Civil Code…

O.C.G.A. § 52-6-4 Areas for which commissioners appointed

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The commissioners to be appointed by the corporate authorities of Savannah shall be appointed for the Tybee Bar and the Savannah River and the several bars and inlets north of Sapelo Bar. Commissioners to be appointed by the corporate authorities of Darien shall be appointed for …