2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 6 - Powers and Duties Generally
§ 45-6-5. Source of Powers of Public Officers Generally; Estoppel
Powers of all public officers are defined by law and all persons must take notice thereof. The public may not be estopped by the acts of any officer done in the exercise of an unconferred power.
(Civil Code 1895, § 268; Civil Code 1910, § 303; Code 1933, § 89-903.)
Cross references.- Liability of public agents on public contracts, § 10-6-88.
Law reviews.- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For annual survey on local government law, see 61 Mercer L. Rev. 255 (2009).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Powers of Public Officers
- Estoppel
OPINIONS OF THE ATTORNEY GENERAL
Powers limited to those defined by law.
- Rule that the powers of public boards and officers are limited to those defined by law is of especial force when the action in question is a disbursement of public funds. 1971 Op. Att'y Gen. No. 71-9; 1979 Op. Att'y Gen. No. 79-73; 1991 Op. Att'y Gen. No. 92-1.
Rule that the powers of public boards and officers are limited to those defined by law is of especial force when the action in question is a disbursement of public funds. 1991 Op. Att'y Gen. No. 92-1.
A Regional Development Center has only such powers as are conferred upon it by the legislature, either expressly or by necessary implication. 1991 Op. Att'y Gen. No. 92-1.
Especially concerning the expenditure of public funds.- An appropriate starting point for any discussion of whether or not a public board or officer in Georgia is legally authorized to take a given action is the observation that the powers of public boards and officers are limited in this state to those defined by law, a rule which is of especial force when the questioned power relates to an expenditure of public funds; it has been said to justify such an expenditure there must be a provision of law clearly providing for or authorizing the expenditure. 1977 Op. Att'y Gen. No. 77-46.
No absolution of superintendent by school board.- Any purported absolution of a superintendent by a school board after a superintendent has expended public funds entrusted to the superintendent's care in a manner not authorized by law would almost certainly be held by the courts to be a nullity. 1971 Op. Att'y Gen. No. 71-12.
Legislative authority necessary to lease state property.- A state official should have some direct legislative authority before entering upon a long term lease of state property. 1945-47 Op. Att'y Gen. p. 11.
Absent legislative authority, the Commissioner of Agriculture may not lease right-of-way through a farmers market to a railroad. 1945-47 Op. Att'y Gen. p. 11.
Acquisition of land by county school board.- A county school board is not authorized to acquire land for the purpose of general construction and subsequent resale of the improved property. 1974 Op. Att'y Gen. No. 74-126.
Tax collector not estopped from collecting balance due.- Under this section, a tax collector, by accepting a check in less than the amount of taxes due by the taxpayer, is not estopped from collecting the balance. 1945-47 Op. Att'y Gen. p. 552.
State not estopped by unauthorized action of public officer.- The Insurance Commissioner does not have the authority to accept payment of taxes for a five-year period and sign a binding agreement that this amount satisfies all claims by the state against the insurer. 1969 Op. Att'y Gen. No. 69-396.
Sales of sand removed from realty in ordinary course of business were subject to sales tax and the fact that an agent of the Revenue Department previously advised the seller that such sales were not taxable did not estop the commissioner from asserting rights of the state to the tax due. 1962 Op. Att'y Gen. p. 545.
RESEARCH REFERENCES
ALR.
- Validity of statute or ordinance vesting discretion in public officials without prescribing a rule of action, 12 A.L.R. 1435; 54 A.L.R. 1104; 92 A.L.R. 400.
Malice as ground of attack on or relief from acts or regulations of public officers in exercise of discretionary powers, 57 A.L.R. 208.
Custom or usage as enlarging statutory powers of public officer or excusing performance of his duties in a manner other than that prescribed by statute, 65 A.L.R. 811.
Applicability of doctrine of estoppel against government and its governmental agencies, 1 A.L.R.2d 338.
Estoppel of state or local government in tax matters, 21 A.L.R.4th 573.
