At any time within 60 days after the assessments are finally determined and fixed, the municipal corporation may file a petition in the superior court of the county in which the municipal corporation is situated, along with a copy of the ordinance, in which petition shall be alleged the fact of the passage and approval of the ordinance, the street or part of a street affected thereby, the character of paving or other improvement intended, and the approximate estimate of the cost. The petition shall allege that the ordinance is authorized by law and that it will create a lien on all real property abutting on such street or part of a street for the payment by the owner of each lot or parcel of land so abutting of the pro rata share of expense assessed to each lot or parcel of land, as well as on any street or other railroad therein, if any such there are, and shall pray for a judgment by the court declaring the ordinance valid, legal, and binding and that the liens be set up as alleged. It shall not be necessary in such petition to allege the names of the owners of the abutting property or railroads to be affected, but it shall be sufficient to describe the street or portion thereof to be improved and to indicate that the property on the street is to be charged with the expense.
History. Ga. L. 1927, p. 321, § 16; Code 1933, § 69-428.
Structure Georgia Code
Chapter 39 - Street Improvements
§ 36-39-2. Adoption of Chapter; Election; Effect of Adoption of Chapter Generally
§ 36-39-5. Improvements When County Owns Abutting Property
§ 36-39-6. Paving by Railroad Having Tracks in Street
§ 36-39-10. Publication and Contents of Notice of Contract Proposals
§ 36-39-11. Examination of Bids and Award of Contract; Readvertisement for Bids
§ 36-39-12. Appointment of Board of Appraisers to Appraise and Apportion Cost
§ 36-39-13. Filing of Board of Appraisers’ Report
§ 36-39-15. Time and Manner of Payment of Assessments Generally
§ 36-39-16. Payment of Assessment in Installments
§ 36-39-17. Assessments Where Portion of Costs Paid by Municipal Corporation
§ 36-39-18. Additional Assessments
§ 36-39-20. Lien for Assessment and Interest
§ 36-39-21. Execution, Levy, and Sale on Unpaid Assessments or Interest Generally
§ 36-39-22. Affidavit Contesting Amount of Execution; Trial by Superior Court; Penalties for Delay
§ 36-39-23. Collection and Use of Assessments Generally; Special Fund; Treasurer’s Bond
§ 36-39-24. Limitation Period for Contesting or Enjoining Assessments
§ 36-39-25. Issuance of Bonds; Payment; Interest; Terms; Form
§ 36-39-26. Sale of Bonds; Delivery to Contractors
§ 36-39-27. Disposition of Proceeds From Bonds Remaining After Payment
§ 36-39-28. Petition for Validation of Ordinance Establishing Assessments; Time; Contents
§ 36-39-29. Order to Show Cause on Petition; Time and Notice of Hearing
§ 36-39-30. Conduct of Hearing; Issuance of Order by Court
§ 36-39-31. Appeal From Judgment of Court
§ 36-39-32. Conclusiveness of Superior Court’s Final Judgment
§ 36-39-33. Entry of Reference to Judgment on Bonds Following Validation; Use of Entry as Evidence