Title 50, Chapter 16, Section 17
( 50-16-17)
(a) Cumulative of any other prerogatives or powers, any unit or
instrumentality of government within this state is empowered and
authorized to assert any cause of action, initiate any proceeding,
seek any remedy, and request or demand any judicial relief which
pertains to real property and which is available under the general
law of this state to nongovernmental parties in like circumstances.
Without limitation this law shall apply to matters in law and
equity, matters of general civil procedure, and to special statutory
proceedings. This law shall be construed liberally as a remedial
law, and it shall be applicable to all claims, whether heretofore or
hereafter accruing and regardless of whether proceedings concerning
such claims have commenced or may hereafter be commenced. Neither
this law nor any actions taken by a governmental unit or
instrumentality within its terms shall be deemed or construed as
waiving sovereign immunity under state law or waiving any immunities
under the Eleventh Amendment of the Constitution of the United
States. (b) For purposes of this Code section, the term "real property" shall have the same meaning as "realty" and "real estate" in Code Section 44-1-2. (c) For purposes of this Code section, the term "unit or
instrumentality of government" shall mean the state, its constituent
agencies, associations, authorities, boards, bureaus, commissions,
departments, instrumentalities, officers, and public corporations,
and all like units and instrumentalities of local government,
including, without limitation, counties and municipal corporations,
other political subdivisions, their school boards, the boards of
independent school systems, authorities and other instrumentalities,
and any other entities or instrumentalities of state and local
government created under or pursuant to state law and performing
governmental functions. |