Constitution of the State of Georgia

Article IX. COUNTIES AND MUNICIPAL CORPORATIONS · Article IX. COUNTIES AND MUNICIPAL CORPORATIONS · Section VI. REVENUE BONDS

Art. IX, Sec. VI, Para. IV. Validation.

Active

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

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The General Assembly shall provide for the validation of any revenue bonds authorized and shall provide that such validation shall thereafter be incontestable and conclusive.

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.

Other notes

1976 Constitution.: Art. IX, Sec. VIII, Para. II.
Action not barred as collateral attack.: Taxpayer’s petition seeking a declaration that the valuation method a county board of assessors and the development authority of the county used for leasehold estates arising from a local development authority sale-leaseback bond transaction was illegal was not barred for being a collateral attack on concluded bond validation proceedings because the challenge to the memoranda of agreement that set forth the tax assessment formula at issue would only constitute a prohibited collateral attack on a concluded bond validation proceeding if the memoranda were specifically adjudicated in the proceedings and held valid by the bond judgment, and the board and authority had to put forth evidence that the applicable bond validation orders did in fact expressly rule upon each memorandum of agreement; even if the taxpayer was barred from challenging the tax agreements on concluded bond transactions, the taxpayer also sought an injunction to prohibit the use of the formula in future bond agreements. Sherman v. Fulton County Bd. of Assessors, 288 Ga. 88, 701 S.E.2d 472 (2010). Use of local school taxes for rede-
velopment.: School system, development authority, and others were properly granted summary judgment in a suit challenging the allocation of school taxes because the 2008 amendments to Ga. Const. 1983, Art. IX, Sec. II, Para. VII(b) and O.C.G.A. § 36-44-9(g), governing tax allocation districts, changed the law and retroactively allowed use of local school taxes for general redevelopment purposes. Sherman v. Atlanta Indep. Sch. Sys., 293 Ga. 268, 744 S.E.2d 26 (2013). Cited in Ferdinand v. City of Atlanta, 285 Ga. 121, 674 S.E.2d 309 (2009).

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 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, page 1448; merge action: annotated; file SHA-256 1b27199d8655.