Constitutional Authority for Enactment of Chapter; Tax Exemption

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This chapter is enacted pursuant to authority granted the General Assembly by the Constitution of Georgia. Each authority created pursuant to this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that each authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that no such authority shall be required to pay any taxes or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts thereof upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of each such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The tax exemption provided for in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.

(Ga. L. 1981, p. 1744, § 12.)

Cross references.

- Authority of General Assembly to create development authorities, Ga. Const. 1983, Art. IX, Sec. VI, Para. III.

JUDICIAL DECISIONS

Constitutional authority.

- Downtown Development Authorities Law is solely based upon Ga. Const. 1983, Art. IX, Sec. VI, Para. III (development authorities) and not Ga. Const. 1983, Art. IX, Sec. III, Para. I (intergovernmental contracts). Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).


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