Revenue Bonds - Confirmation and Validation of Bonds; Venue of Actions to Confirm and Validate Bonds or to Enforce Rights Under Chapter

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Bonds of the authority shall be confirmed and validated in accordance with the procedure of Chapter 82 of Title 36, the "Revenue Bond Law." Any such action and any action to protect or enforce any rights under this chapter and any suit or action against the authority shall be brought in the Superior Court of Chatham County, which shall have exclusive original jurisdiction of such actions; provided, however, the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County.

(Ga. L. 1945, p. 464, § 16; Ga. L. 1963, p. 342, § 6; Ga. L. 1986, p. 164, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following "provided" in the second sentence.

Editor's notes.

- Ga. L. 1986, p. 164, § 2, not codified by the General Assembly, provided: "This Act shall become effective upon its approval by the Governor [approved March 18, 1986] or upon its becoming law without such approval and shall be applicable to any suit or action filed on or after such date. The provisions of this Act shall not affect any suit or action filed prior to the effective date of this Act in the Superior Court of Fulton County."

JUDICIAL DECISIONS

Venue in tort actions.

- Suit for property damage, i.e. civil injury, involving cargo damaged in a marine port terminal, was not brought to enforce any rights of the Marine Port Terminals "under this chapter"; hence, venue was determined by the usual constitutional provisions in Ga. Const. 1983, Art. VI, Sec. II or by statutory provisions. Marine Port Terms. v. Georgia Ports Auth., 180 Ga. App. 380, 348 S.E.2d 896 (1986) (decided under law existing prior to March 1986 amendment specifically providing for venue in tort actions against the authority).

Cited in M.A.R.T.A. v. McCain, 135 Ga. App. 460, 218 S.E.2d 122 (1975).


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