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Georgia Code Title 44. Property § 44-14-267

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At any time prior to the sale or other final disposition of the property by the levying officer or petitioner as provided for under Code Section 44-14-236 but no later than 30 days after service as provided for under Code Section 44-14-265, the defendant may appear and file any legal or equitable defense or counterclaim to the petitioner's claim for a writ of immediate possession. After the filing of such defense or counterclaim, a trial of any issue requiring a trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.

At any time after entry of the decree adjudicating any unoccupied cemetery lot to be abandoned pursuant to § 57-39.5, the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot may sell such lot in accordance with the rules and regulations of the cemetery then in force governing generally the sale of cemetery lots.  Any proceeds derived from this sale shall first be used to defray the costs and expenses incurred in any abandonment proceedings.  Unless otherwise directed by the court, the remaining balance shall be placed in a special fund, known as the “Perpetual Care Fund” of the cemetery, to be used by the cemetery solely for the future maintenance, care, and upkeep of the cemetery.

Cite this article: - Georgia Code Title 44. Property § 44-14-267 - last updated April 14, 2021 |

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