Execution, Levy, and Sale on Unpaid Assessments or Interest Generally

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It shall be the duty of the treasurer, within 15 days after the date of the maturity of any installment of assessment or interest, to issue an execution against the lot or tract of land assessed for the improvement or against the party or person owning the same for the amount of the assessment or interest. The treasurer shall turn over the same to the marshal or chief of police of the municipal corporation or his deputy, who shall levy the same upon the abutting real estate liable for the assessment and previously assessed for the improvements. After advertisement and other proceedings as in case of sales for city taxes, the real estate shall be sold at public outcry to the highest bidder. Such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest and also subject to the right of redemption as provided in Article 3 of Chapter 4 of Title 48.

(Ga. L. 1927, p. 321, § 11; Code 1933, § 69-421.)

Cross references.

- Executions to enforce collection of amounts due municipality for paving streets or alleys, or laying sewers and drains, § 48-5-358.

JUDICIAL DECISIONS

Cited in City of Waycross v. Cullens, 190 Ga. 823, 10 S.E.2d 920 (1940).

RESEARCH REFERENCES

Am. Jur. 2d.

- 70C Am. Jur. 2d, Special or Local Assessments, §§ 181, 182, 188 et seq.

C.J.S.

- 40 C.J.S., Highways, § 475 et seq. 64 C.J.S., Municipal Corporations, §§ 1772, 1773. 82 C.J.S., Statutes, § 395 et seq.

ALR.

- Character of action or proceeding in which purchaser at invalid sale for taxes or local improvement assessment may secure reimbursement from owner; and provisions of decree or judgment as to relief, 86 A.L.R. 1208.

Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.

Right of mortgagor or purchaser of equity of redemption to defeat lien of mortgage by acquisition of title at sale subsequent to mortgage for nonpayment of taxes, or of assessment for local improvement, 134 A.L.R. 289.

Manner of enforcing special assessments against public property, 150 A.L.R. 1394.

Exclusiveness of method prescribed by statute or ordinance for enforcement of special assessment for public improvement or service, 88 A.L.R.2d 1250.


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