Georgia § 36-33-2 - Liability for failure to perform discretionary act.
Full text of Georgia Official Code of Georgia Annotated § 36-33-2 — Liability for failure to perform discretionary act., with citation guidance and answers to common questions.
§ 36-33-2. Liability for failure to perform discretionary act.
Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act. (Civil Code 1895, § 747; Civil Code 1910, § 896; Code 1933, § 69-302.) History of section. - This Code section is derived from the decision in Gaskins v. City of Atlanta, 73 Ga. 746 (1883). Cross references. - Immunity of municipalities and officers or employees thereof for damages resulting from inspections or other actions taken or not taken pursuant to fire protection laws, § 25-2-38.1 . Liability of municipalities for defects in public roads, § 32-4-93 . Law reviews. - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For note, "Adverse Possession of Municipal and County Property Held for Proprietary Purposes: The Unique Georgia Development," see 7 Ga. St. B. J. 482 (1971).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 36-33-2
What does Official Code of Georgia Annotated § 36-33-2 cover?
Section 36-33-2 ("Liability for failure to perform discretionary act.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 36-33-2?
A common citation format is "Official Code of Georgia Annotated § 36-33-2" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 36-33-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.