In and as an integral but independent part of the bond validation proceedings under this article, or separately, the authority is given the right to and privilege of a simultaneous or separate right of action or equitable bill against the state, the board, and the department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged or partially pledged to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects good and sufficient, valid, and binding obligations of the board and department. Any citizens of the state may intervene in such actions and assert any ground of objection. It shall be incumbent upon the board and department to defend against an adjudication of such validity or be forever bound unto the authority and all succeeding to the rights of the authority thereafter. Such adjudications may be rendered as an integral but independent part of the judgment upon the validation issue with which they are contested or may be rendered separately.
History. Ga. L. 1953, Jan.-Feb. Sess., p. 626, § 33; Ga. L. 1955, p. 124, § 34; Ga. L. 1967, p. 385, § 33; Code 1933, § 95A-1233, enacted by Ga. L. 1973, p. 947, § 1.
Structure Georgia Code
Title 32 - Highways, Bridges, and Ferries
Chapter 10 - Public Authorities
Article 1 - Georgia Highway Authority
§ 32-10-30. Power of Authority to Issue Bonds Generally; Attributes of Bonds Generally
§ 32-10-32. Form and Issuance of Bonds
§ 32-10-33. Signing Bonds; Affixing Authority’s Seal to Bonds
§ 32-10-34. Bonds as Negotiable Instruments; Tax Exemption
§ 32-10-36. Issuance of Interim Receipts, Interim Certificates, and Temporary Bonds
§ 32-10-37. Replacement of Lost or Mutilated Bonds
§ 32-10-38. Resolutions for Bond Issuance; Issuance of Bonds of a Single Issue
§ 32-10-39. Effect of Bond Issuance on State Debt; Recitals on Face of Bonds Regarding Such Effect
§ 32-10-40. Trust Indentures as Security for Bonds
§ 32-10-41. Payment of Bond Proceeds to Trustee
§ 32-10-42. Pledges of Revenues, Rents, and Earnings; Creation and Disposition of Sinking Funds
§ 32-10-45. Investment of Funds in Bonds; Deposit of Bonds as Securities
§ 32-10-46. Protection of Interests and Rights of Bondholders
§ 32-10-47. Confirmation and Validation of Bonds
§ 32-10-48. Adjudication Regarding Lease Contracts and Rental Income
§ 32-10-49. Covenant With Holders of Bonds as to Tax-Exempt Status of Authority Property and Bonds