---
title: O.C.G.A. § 23-3-66. Jurisdiction of special master; trial by jury.
collection: code
id: 23-3-66
cite_as: O.C.G.A. § 23-3-66 (2025)
canonical_url: https://georgiacommons.org/code/23-3-66
md_url: https://georgiacommons.org/code/23-3-66.md
text_url: https://georgiacommons.org/code/23-3-66/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-2020-pdf.pdf?sfvrsn=a1dfc71e_0#page=499
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EQUITY / EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY / QUIA TIMET / QUIA TIMET AGAINST ALL THE WORLD
---

# O.C.G.A. § 23-3-66. Jurisdiction of special master; trial by jury.

Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature, or extent of petitioner’s title and all other interests in the land, or any part thereof, which may be adverse to the title claimed by the petitioner, or to remove any particular cloud or clouds upon the title to the land and to make a report of his findings to the judge of the court; provided, however, any party to this proceeding may demand a trial by a jury of any question of fact; provided, further, that the master on his own initiative may require a trial by a jury of any question of fact.

## History

Ga. L. 1966, p. 443, § 6.

## Law Reviews

For article surveying development of equity and the right to trial by jury in equity actions in Georgia, and advocating use of jury to try issues of fact in equitable actions, see 8 Mercer L. Rev. 225 (1957). For survey article on real property law, see 60 Mercer L. Rev. 345 (2008). For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010). For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).