Georgia § 41-3-1-1 Substantial drug related activity upon real property; knowledge of owner; remedies cumulative

Georgia Statutes

§ 41-3-1-1 — Substantial drug related activity upon real property; knowledge of owner; remedies cumulative

Georgia § 41-3-1-1

Title41

This text of Georgia § 41-3-1-1 (Substantial drug related activity upon real property; knowledge of owner; remedies cumulative) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 41-3-1-1 (2026).

Text

(a)As used in this Code section, the term:

(1)"Drug related charges" means a violation of Code Section 16-13-30 when:

(A)Returned in an indictment by a grand jury; or (B) Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute or conditional discharge pursuant to Code Section 16-13-2 , a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program.

(2)"Substantial drug related activity" means activity resulting in six or more unrelated incidents resulting in drug related charges involving violations occurring within a 24 month period on the same parcel of real property.

(b)Any owner of real property who has actual knowledge t

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(a) As used in this Code section, the term: (1) "Drug related charges" means a violation of Code Section 16-13-30 when: (A) Returned in an indictment by a grand jury; or (B) Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute or conditional discharge pursuant to Code Section 16-13-2 , a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program. (2) "Substantial drug related activity" means activity resulting in six or more unrelated incidents resulting in drug related charges involving violations occurring within a 24 month period on the same parcel of real property. (b) Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) Prima-facie evidence of the nuisance and the existence thereof is established when the prosecuting attorney of the county in which the property is located notifies the owner in writing of three or more unrelated incidents occurring within a 24 month period which result in drug related charges and, after the receipt of such notice and within 24 months of the first of the incidents resulting in a drug related charge which is the subject of such notice, three or more additional unrelated incidents occur which result in drug related charges. (d) Any such drug related charges which result directly from cooperation between the property owner or his or her agent and a law enforcement agency shall not be considered as evidence of a nuisance under this Code section. (e) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances.