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

Crawford, Robert (Mack) M (129th)

Status Summary	HC:	Judy	SC:		FR:	02/07/00	LA:	02/21/00	H - Favorably Reported

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                                             LC 9 0308 
 
 
 
 
 
 
                        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 repeal conflicting laws; 
  1- 7  and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Part 1 of Article 3 of Chapter 3 of Title 23 of the Official 
  1-11  Code of Georgia Annotated, relating to conventional quia 
  1-12  timet, is amended by adding at the end thereof new Code 
  1-13  Sections 23-3-43 and 23-3-44 to read as follows: 
 
  1-14    "23-3-43. 
 
  1-15    At the option of the complainant as prayed for in the 
  1-16    complaint, the court, upon receipt of the complaint, shall 
  1-17    submit the same to a special master as provided for in 
  1-18    Code Sections 23-3-63 through 23-3-68, except that as in 
  1-19    other equity cases there shall be no right to a jury 
  1-20    trial. 
 
  1-21    23-3-44. 
 
  1-22    Proceedings quia timet may be used to remove clouds on 
  1-23    title caused by equities of redemption following tax 
  1-24    sales." 
 
  1-25                           SECTION 2. 
 
  1-26  All laws and parts of laws in conflict with this Act are 
  1-27  repealed. 
 
 
 
 
 
 
 
 
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