Official Code of Georgia Annotated

Title 20. EDUCATION · Chapter 3. POSTSECONDARY EDUCATION · Article 2. BOARD OF REGENTS AND UNIVERSITY SYSTEM · Part 1. BOARD OF REGENTS

20-3-36. Applicability of sovereign immunity doctrine.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

The applicability of the doctrine of sovereign immunity to the board of regents is reaffirmed, except to the extent that the General Assembly may expressly provide.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1976, p. 452, § 1.

Editor's notes

Ga. L. 1976, p. 452, § 2, not codified by the General Assembly, provides: “That part of section 3 of an Act providing for the establishment of a public seat of learning in Georgia and creating ‘the Trustees of the University of Georgia,’ approved January 27, 1785 (Ga. L. 1785, pp. 560, 561, Sec. 3; Cobb’s Digest, pp. 1082, 1084, Sec. III), which provides that the said trustees ‘shall and may be a person in law, capable to plead and be impleaded, defend and be defended, answer and be answered unto,’ as amended, is hereby repealed in its entirety.”

Cross references

Waiver of sovereign immunity in nuclear facility liability insurance, § 20-3-71. Waiver of sovereign immunity in actions for breach of written contracts entered into by the state, its departments, and others, § 50-21-1.

Law reviews

For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For comment, “Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine,” see 64 Emory L.J. 819 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t20-ch3-18-(v17a)-2025-pdf.pdf, Volume V17A, 2025 edition, page 50; merge action: bound only; file SHA-256 4560a0cef806.