Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 33. LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS

36-33-2. Liability for failure to perform discretionary act.

Active

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

Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act.

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

Civil Code 1895, § 747; Civil Code 1910, § 896; Code 1933, § 69-302.

Cross references

Immunity of municipalities and officers or employees thereof for damages resulting from inspections or other actions taken or not taken pursuant to fire protection laws, § 25-2-38.1. Liability of municipalities for defects in public roads, § 32-4-93.

Law reviews

For note, “Adverse Possession of Municipal and County Property Held for Proprietary Purposes: The Unique Georgia Development,” see 7 Ga. St. B. J. 482 (1971). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

Other notes

History of Code section.: This Code section is derived from the decision in Gaskins v. City of Atlanta, 73 Ga. 746 (1883).

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 t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, pages 637 to 638; merge action: bound only; file SHA-256 6c7b6bcea397.