Eleanor Finch
The Georgia Constitution protects citizens from levy and sale by virtue of any process under the laws of the state. This means that a portion of each person's property is protected from being taken away and sold. The General Assembly has the authority to define the amount of these exemptions, which must be at least $1,600, and to specify how such property can be exempted, sold, alienated, or encumbered. The Constitution also recognises the separate property of each spouse, which must remain separate except as otherwise provided by law.
| Characteristics | Values |
|---|---|
| Exemptions from levy and sale | The General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00 |
| Spouse's separate property | The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law |
| Exemption of municipal property from levy and sale | Powers of municipal corporations are fixed by the municipality's charter and by general statutory authority relating to such corporations |
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What You'll Learn
Exemptions from levy and sale
The Georgia Constitution protects a portion of each person's property from levy and sale. This is known as an exemption. The General Assembly is responsible for protecting this property, which must be worth at least $1,600. The Assembly also has the authority to define additional exemptions, specify the amount of exemptions, and provide for the manner of exempting such property.
The Constitution of 1868 included Georgia’s version of the federal Equal Protection Clause and added several protections, including the prohibition of whipping as the punishment for a crime. Banishment was added to the list of forbidden punishments in the Constitution of 1877. Few notable changes were made to the Constitution of 1945. In 1976, two provisions were added: first, certain property was exempted from levy and sale; and second, recognition of the progress of women’s rights was demonstrated by a provision that protects separate spousal property.
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Spouse's separate property
The Georgia Constitution protects citizens from levy and sale, stating that:
> The General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00 and shall have authority to define to whom any such additional exemptions shall be allowed; to specify the amount of such exemptions; to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor.
The Constitution also protects spouses' separate property, stating that:
> The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law.
This provision was added to the 1983 bill of rights, recognising the progress of women's rights.
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Banishment as a punishment
The Georgia Constitution does protect citizens from levy and sale. Paragraph XXVI of Article One of the Constitution states that the General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00. The Assembly also has the authority to define to whom any such additional exemptions shall be allowed, to specify the amount of such exemptions, to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof, and to provide for the waiver of said exemptions by the debtor.
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Exemption of municipal property
The Georgia Constitution does protect from levy and sale. Paragraph XXVI of Article One of the Constitution states that the General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00. The General Assembly also has the authority to define to whom any such additional exemptions shall be allowed, to specify the amount of such exemptions, to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof, and to provide for the waiver of said exemptions by the debtor.
The Constitution of 1868, adopted during Reconstruction (1867-76), included Georgia’s version of the federal Equal Protection Clause and added several protections, including the prohibition of whipping as the punishment for a crime. Banishment was added to the list of forbidden punishments in the Constitution of 1877. Few notable changes were made to the Constitution of 1945. In 1976 two provisions were added: first, certain property was exempted from levy and sale; and second, recognition of the progress of women’s rights was demonstrated by a provision that protects separate spousal property. These historical developments are embodied in the 1983 bill of rights.
The Georgia Code § 36-33-6 (2020) also states that municipal property is exempt from levy and sale. The powers of a municipal corporation are fixed by the municipality's charter and by general statutory authority relating to such corporations. The municipal corporation may exercise such powers as are expressly delegated to it, as well as those which would be reasonably implied from the express terms of the charter.
The municipality, like the state as a whole, owes as its paramount duty to the citizen the protection of the citizen's person and property.
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Duty to protect citizens
The Constitution of Georgia (U.S. State) states that the General Assembly shall protect by law from levy and sale a portion of the property of each person in an amount of not less than $1,600. The General Assembly also has the authority to define to whom any such additional exemptions shall be allowed, specify the amount of such exemptions, and provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof. This provision was added to the Constitution in 1976, along with a recognition of the progress of women's rights demonstrated by a provision that protects separate spousal property.
The Georgia Code also outlines a duty to protect citizens, stating that a municipality, like the state as a whole, owes as its paramount duty to the citizen the protection of the citizen's person and property. This duty is reflected in the Constitution's provision protecting citizens from levy and sale, which ensures that individuals are able to retain a portion of their property and assets even in the event of legal or financial difficulties.
The Constitution of Georgia has a history of amendments and additions that reflect the changing social and political landscape of the state. For example, the Constitution of 1865 added a provision banning slavery, while the Constitution of 1868, adopted during Reconstruction, included Georgia's version of the federal Equal Protection Clause and added several protections, including the prohibition of whipping as a punishment for a crime. The Constitution of 1877 further added banishment to the list of forbidden punishments.
Overall, the Constitution of Georgia demonstrates a commitment to protecting the rights and well-being of its citizens, including their property and assets. The duty to protect citizens is a fundamental principle of the state, as reflected in the Constitution and supporting legislation such as the Georgia Code.
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Frequently asked questions
Yes, the Georgia Constitution protects a portion of each person's property from levy and sale.
The Georgia Constitution protects a portion of each person's property worth at least $1,600 from levy and sale.
The Georgia Constitution also protects the separate property of each spouse.
