Title 12, Chapter 3, Section 214
( 12-3-214)
Except to the extent the rights given in this Code section may be
restricted by resolution passed before the issuance of bonds or by a
trust indenture, any holder of revenue bonds or interest coupons
issued under this part, any receiver for such holders, or any
indenture trustee, if there are any, may either at law or in equity,
by action, mandamus, or other proceedings, protect and enforce any
and all rights under the laws of the State of Georgia or granted by
this part or under such resolution or trust indenture. Such holder,
receiver, or trustee may enforce and compel performance of all
duties required by this part, or by resolution or trust indenture,
to be performed by the association or any officer thereof, including
the fixing, charging, and collecting of revenues, rents, and other
charges for the use of the project or projects. In the event of
default of the association upon the principal and interest
obligations of any revenue bond issue, such holder, receiver, or
trustee shall be subrogated to each and every right, specifically
including the contract rights of collecting rental, which the
association may possess against the state or any department, agency,
or institution of the state and, in the pursuit of his or its
remedies as subrogee, may proceed either at law or in equity, by
action, mandamus, or other proceedings, to collect any sums by such
proceedings due and owing to the association and pledged or
partially pledged directly or indirectly to the benefit of the
revenue bond issue of which such holder, receiver, or trustee is
representative. No holder, receiver, or trustee shall have the right
to compel any exercise of the taxing power of the state to pay any
such bond or the interest thereon or the right to enforce the
payment thereof against any property of the state; nor shall any
such bond constitute a charge, lien, or encumbrance, legal or
equitable, upon the property of the state, provided that any
provision of this part or any other law to the contrary
notwithstanding, any such holder, receiver, or trustee shall have
the right by appropriate legal or equitable proceedings (including,
without being limited to, mandamus) to enforce compliance by the
appropriate public officials with the provisions of Article VII,
Section IV of the Constitution of Georgia, and permission is given
for the institution of any such proceedings to compel the payment of
lease obligations. |