Georgia General Assembly
Unannotated Code
48-4-79.html
48-4-79.
(a) The petitioner shall request that a judicial
hearing on the petition occur not earlier than 30 days following the filing of
the petition. At such hearing any interested party shall have the right to be
heard and to contest the delinquency of the taxes or the adequacy of the
proceedings. If the superior court determines that the information set forth in
the petition is accurate, the court shall render its judgment and order that:
(1) The taxes are delinquent;
(2) Proper notice has been given to all interested
parties;
(3) The property as described in the
petition be sold in accordance with the provisions of this article;
and
(4) The sale shall become final and binding 60
days after the date of the sale in accordance with Code Section 48-4-81.
(b) The order of the superior court shall provide
that the property be sold free and clear of all liens, claims, and encumbrances
other than:
(1) Rights of redemption provided under
federal law;
(2) Tax liens held by Georgia
governmental entities other than the petitioner which are superior to the taxes
identified in the petition by virtue of the provisions of subsection (b) of Code
Section 48-2-56;
(3) Easements and rights of way of
holders who are not interested parties under subparagraph (C) of paragraph (1)
of Code Section 48-4-77; and
(4) Benefits or burdens
of any real covenants filed of record as of the date of filing of the petition.
(c) If, upon production of evidence to the court by
any party, it is determined by the court that any interested party died within
the six-month period of time immediately preceding the filing of the petition,
the court may postpone the hearing, for a period of up to six months, to allow
the administrator or executor of the estate adequate time to close the estate.