Bill Text: GA SB455 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Properties Code; modifying certain provisions; acquiring real property through commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-01 - Effective Date [SB455 Detail]
Download: Georgia-2009-SB455-Introduced.html
Bill Title: State Properties Code; modifying certain provisions; acquiring real property through commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-01 - Effective Date [SB455 Detail]
Download: Georgia-2009-SB455-Introduced.html
10 LC
35 1759
Senate
Bill 455
By:
Senator Grant of the 25th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia
Annotated, relating to the "State Properties Code," is amended by modifying
certain provisions relating to acquiring real property through commission and
procedures and funds for such acquisitions; to authorize the State Properties
Commission to accept deeds containing reversions; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating
to the "State Properties Code," is amended in Code Section 50-16-38, relating to
all state entities acquiring real property through the state properties
commission, exceptions, procedure for handling acquisition requests, and funds
for acquisitions, as follows:
"50-16-38.
(a)
Except
for:
(1)
all
All
acquisitions of real property by the Department of Transportation and the Board
of Regents of the University System of
Georgia,
and except
for;
(2)
the
The
Department of Natural Resources acquiring by gift parcels of real property, not
exceeding three acres each, to be used for the construction and operation
thereon of boat-launching
ramps, and
except
for;
(3)
acquisitions
Acquisitions
of real property by the Technical College System of Georgia in connection with
student live work projects funded through moneys generated as a result of the
sale of such projects, donations, or student supply
fees, and
except
for;
(4)
acquisitions
Aquisitions
of real property by the commission resulting from transfers of custody and
control of real property to the commission by executive order of the Governor or
by Act or resolution of the General
Assembly,
and except
as;
(5)
Aquisitions of real property by authorities or similar instrumentalities of the
state unless otherwise required by law to have approval of the commission;
and
(6)
Acquisitions otherwise provided
for
by law, and
except as otherwise
or
required by the nature of the transaction conveying real property to the state
or any entity
thereof:,
(1)
All state entities shall acquire real property through the
commission;,
and
(2)
The
the
title to all real property acquired shall be in the name of the
state,
except for state authorities which shall hold title in their own
name. The conveyance shall have written
or printed in the upper right-hand corner of the initial page thereof the name
of the state entity for which acquired who is the custodian
thereof.
(b)
The commission is authorized to establish, and amend when the commission deems
it necessary, a procedure to facilitate the handling by the commission of
requests for acquisition of real property.
(c)
The state entity requesting acquisition of real property shall provide all of
the funds necessary to acquire the real property.
(d)
The commission is authorized to accept a donation or conveyance for nominal
consideration of real property from a local governing authority with a
reversionary interest therein, provided that the donation or conveyance shall
only be accepted on the condition that such real property shall not revert while
the property is being used for a public purpose as determined by the commission.
This subsection shall not be construed as repealing any provisions of Code
Section 12-6-9 or 35-2-41.
(e)
Upon reversion of the state's interest in real property or a determination by
the State Attorney General that the state no longer has an interest in real
property, the commission is authorized to execute an appropriate instrument of
conveyance to clear the record title. The commission shall not convey any
interest in real property out of this state and any instrument purporting to
make an out of state conveyance shall be null and
void."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.