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HB 1354 - Quia timet; special master; clouds on title; removal

Crawford, Robert (Mack) M (129th)

Status Summary	HC:	Judy	SC:	Judy	FR:	02/07/00	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales; and for other purposes.

Code Sections - 23-3-43/ 23-3-44

HB 1354                                          HB 1354/FSFA 
 
      H. B. No. 1354 (FLOOR SUBSTITUTE) (AM) 
      By:  Representatives Crawford of the 129th and Dean of the 
      48th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 1 of Article 3 of Chapter 3 of Title 23 of the 
  1- 2  Official Code of Georgia Annotated, relating to conventional 
  1- 3  quia timet, so as to provide for optional submission to a 
  1- 4  special master; to provide for the use of conventional quia 
  1- 5  timet to remove clouds on title caused by equities of 
  1- 6  redemption following tax sales; to amend Article 1 of 
  1- 7  Chapter 4 of Title 48 of the Official Code of Georgia 
  1- 8  Annotated, relating to sales under tax executions, so as to 
  1- 9  provide for an alternative method of describing real 
  1-10  property being sold for taxes; to repeal conflicting laws; 
  1-11  and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Part 1 of Article 3 of Chapter 3 of Title 23 of the Official 
  1-15  Code of Georgia Annotated, relating to conventional quia 
  1-16  timet, is amended by adding at the end thereof new Code 
  1-17  Sections 23-3-43 and 23-3-44 to read as follows: 
 
  1-18    "23-3-43. 
 
  1-19    At the option of the complainant as prayed for in the 
  1-20    complaint, the court, upon receipt of the complaint, shall 
  1-21    submit the same to a special master as provided for in 
  1-22    Code Sections 23-3-63 through 23-3-68, except that as in 
  1-23    other equity cases there shall be no right to a jury 
  1-24    trial. 
 
  1-25    23-3-44. 
 
  1-26    Proceedings quia timet may be used to remove clouds on 
  1-27    title caused by equities of redemption following tax 
  1-28    sales.  Provided, however, that the length of time for 
  1-29    redemption shall remain as provided by law and nothing 
  1-30    herein shall preclude the necessity of giving all parties 
  1-31    at interest notice of this proceeding." 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  Article 1 of Chapter 4 of Title 48 of the Official Code of 
  2- 3  Georgia Annotated, relating to  sales under tax executions, 
  2- 4  is amended by adding at the end of Code Section 48-4-1, 
  2- 5  relating to procedures for sales under tax levies and 
  2- 6  executions, a new subsection (c) to read as follows: 
 
  2- 7    "(c) In advertisements for sales under tax executions, the 
  2- 8    property being sold may alternatively be described by tax 
  2- 9    parcel identification number and current street address, 
  2-10    if any, together with a reference to the recording 
  2-11    information for any deed conveying title to such property, 
  2-12    without the necessity of using a full and complete 
  2-13    description of the property." 
 
  2-14                           SECTION 3. 
 
  2-15  All laws and parts of laws in conflict with this Act are 
  2-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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