Title 12, Chapter 3, Section 265
( 12-3-265)
(a) 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, except to the extent the rights given in this Code
section may be restricted by resolution passed before the issuance
of the bonds or by the trust indenture, 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 Code section or under such resolution or trust
indenture and may enforce and compel performance of all duties
required by this part or by resolution or trust indenture to be
performed by the authority, or any officer thereof, including the
fixing, charging, and collecting of revenues, rents, and other
charges for the use of the project or projects. (b) In the event of default of the authority upon the principal and
interest obligations of any revenue bond issue, any such bondholder,
receiver, or trustee shall be subrogated to each and every right,
specifically including the contract rights of collecting rental,
which the authority may possess against the state or any department,
agency, or institution of the state; and in the pursuit of its
remedies as subrogee, any such bondholder, receiver, or trustee 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 authority and pledged or partially pledged directly or
indirectly to the benefit of the revenue bond issue of which the
individual, receiver, or trustee is representative. (c) No bondholder, 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 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. (d) Any provision of this part or any other Code section to the
contrary notwithstanding, any such bondholder or receiver or
indenture 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
of 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. |