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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 13. EXEMPTIONS FROM LEVY AND SALE · Article 1. CONSTITUTIONAL EXEMPTIONS · Part 1. IN GENERAL

44-13-10. Survey of exempted real property; affidavit of surveyor; return to probate court; objection to survey; failure of surveyor to comply as contempt.

Active

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

  1. (a)

    The surveyor to whom the applicant delivers the order pursuant to subsection (d) of Code Section 44-13-4 shall lay off the exempted real property on or out of the land claimed by the applicant and make a plat of the same and shall make an affidavit that the exempted real property is correctly platted and laid off and setting out its value. He shall return the affidavit to the judge of the probate court at least five days before the day appointed in the order for passing upon the application.#

  2. (b)

    It shall be a valid ground of objection to the propriety of any survey that it has been so made as to injure unjustly or needlessly the value of any land left unexempted by a disregard of the shape and location of the entire tract.#

  3. (c)

    Should any county surveyor fail to comply with his duty as prescribed by this Code section, he shall be punished for a contempt of court by the judge of the probate court.#

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. 1868, p. 27, § 4; Code 1873, § 2008; Ga. L. 1878-79, p. 99, § 3; Code 1882, §§ 2008, 2010a; Civil Code 1895, §§ 2834, 2837; Civil Code 1910, §§ 3384, 3387; Code 1933, §§ 51-401, 51-404; Code 1981, § 44-13-11; Code 1981, § 44-13-10, as redesignated by Ga. L. 1983, p. 1170, § 2.

Editor's notes

Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-11 as this Code section. The 1983 Act also redesignated former Code Section 44-13-10, relating to time fixed by notice for hearing, as present Code Section 44-13-9.

Cross references

Authority of county surveyor to establish fees for making plat of homestead, affidavit, and return, § 36-7-9.

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

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

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 350 to 351; merge action: carried; file SHA-256 02e72213893a.