Georgia 2023-2024 Regular Session

Georgia House Bill HR157 Latest Draft

Bill / Enrolled Version Filed 03/31/2023

                            23 HR 157/AP
H. R. 157
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House Resolution 157 (AS PASSED HOUSE AND SENATE)
By: Representatives Greene of the 154
th
, Vance of the 133
rd
, Pirkle of the 169
th
, Dunahoo of
the 31
st
, and Buckner of the 137
th
 
A RESOLUTION
Authorizing the lease of certain state owned property located in Appling County; authorizing
1
the conveyance of certain state owned property located in Bacon County; authorizing the2
lease of certain state owned property located in Bacon County; authorizing the conveyance3
of certain state owned property located in Effingham County; authorizing the conveyance of4
certain state owned property in Morgan, Newton, and Walton counties; authorizing the lease5
of certain state owned property located in Muscogee County; authorizing the conveyance of6
certain state owned property located in Rabun County; authorizing the conveyance of certain7
state owned property in Taylor County; and authorizing the conveyance of certain state8
owned property in Walton County; to provide for related matters; to provide an effective9
date; to repeal conflicting laws; and for other purposes.10
WHEREAS:11
(1)  The State of Georgia is the owner of certain real property located in Appling County,12
Georgia; and13
(2)  Said real property is approximately 4.16 acres located in the 2nd Land District of14
Appling County, Georgia, with 0.68 of an acre identified as the "Ground Lease Area,"15
approximately 0.79 of an acre identified as "Ingress/Egress Access Easement," and16
approximately 2.69 acres identified as "Shared Parking," and more particularly described17
in that Deed, dated January 29, 1997, from Appling County, Georgia, being recorded in18 23 HR 157/AP
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Deed Book 299, Page 460, in the office of the Clerk of Superior Court of Appling County
19
and on file with the State Properties Commission Real Property Records as RPR 008975;20
and21
(3)  Said real property is under the custody of the Technical College System of Georgia;22
and23
(4)  By official action dated September 13, 2022, the Appling County Board of Education24
requested to enter into a lease of the Property for a term of 25 years for the construction25
and operation of Southern Pines College and Career Academy at the Baxley Campus of26
Coastal Pines Technical College; and27
(5)  By official action dated October 6, 2022, the Technical College System of Georgia28
declared the Property surplus to its current and future need; and 29
(6)  The Technical College System of Georgia has no objection to the leasing of the30
Property; and31
WHEREAS:32
(1)  The State of Georgia is the owner of certain real property located in Bacon County,33
Georgia; and34
(2)  Said real property is approximately 0.26 of an acre located in the 5th Land District35
of Bacon County, Georgia, and more particularly described in that General Warranty36
Deed, dated December 19, 2001, from the Downtown Development Authority of Alma,37
being recorded in Deed Book 311, Pages 265-267, in the office of the Clerk of Superior38
Court of Bacon County and on file with the State Properties Commission Real Property39
Records as RPR 009566.01; and40
(3)  Said real property is under the custody of the Department of Human Services and is41
located at 426 and 428 W. 12th Street, Alma, Georgia; and42
(4)  By official action dated August 17, 2022, the Department of Human Services43
resolved to seek legislation to surplus and convey the approximately 0.26 of an acre of44 23 HR 157/AP
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real property by competitive bid for fair market value, or to a local government or state
45
entity for fair market value; and46
WHEREAS:47
(1)  The State of Georgia is the owner of certain real property located in Bacon County,48
Georgia; and49
(2)  Said real property is approximately 11,520 square feet being in part of the Alma50
Campus of Coastal Pines Technical College, being in Land Lot 282 of the 5th District,51
City of Alma, Bacon County, Georgia, and more particularly described in that General52
Warranty Deed, dated December 28, 2006, from the City of Alma, Bacon County,53
Georgia, being recorded in Deed Book 400, Page 259, in the office of the Clerk of54
Superior Court of Bacon County and on file with the State Properties Commission Real55
Property Records as RPR 010866; and56
(3)  Said real property is under the custody of the Technical College System of Georgia57
and is located at 203 W. 16th Street, Alma, Georgia; and58
(4)  Satilla Rural Electric Membership Corporation is currently leasing the Property; and59
(5)  Satilla Rural Electric Membership Corporation is desirous of entering into a new60
lease of the Property for a term of two years; and61
(6)  By official action, the Technical College System of Georgia has no objection to the62
leasing of the Property; and63
WHEREAS:64
(1)  The State of Georgia is the owner of certain real property located in Effingham65
County, Georgia; and66
(2)  Said real property is a portion of the property being approximately 16.0 acres located67
in the 9th G.M.D., Effingham County, Georgia, commonly known as the Savannah68
Technical College and Career Academy, and more particularly described in that Quit69 23 HR 157/AP
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Claim Deed, dated July 19, 2004, from the Department of Technical and Adult
70
Education, being recorded in Deed Book 1142, Pages 285-286 in the office of the Clerk71
of Superior Court of Effingham County and on file with the State Properties Commission72
Real Property Record as RPR 010009.02; and73
(3)  Said real property is under the custody of the Technical College System of Georgia;74
and75
(4)  The Effingham County Board of Education is desirous of acquiring up to 16.0 acres;76
and77
(5)  The Technical College System of Georgia has no objection to the conveyance of the78
above-described property to the Effingham County Board of Education; and79
WHEREAS:80
(1)  The State of Georgia is the owner of certain improved real property located in81
Morgan County, Newton County, and Walton County, Georgia; and82
(2)  Said real property is approximately 93.9 acres of fee, 1.868 acres of permanent83
easement for construction and drainage maintenance, and 0.542 of an acre of permanent84
driveway easement, located in Land Lots 2, 3, 30, 31, 33, 34, 102, 105, 106, and 108 of85
the 1st and 19th Land District, Morgan County, Newton County, and Walton County,86
Georgia, and more particularly described in that Limited Warranty Deed, dated87
September 2, 2002, from the Joint Development Authority of Jasper County, Morgan88
County, Newton County, and Walton County, being recorded in Deed Book 5204, Pages89
170-216, in the office of the Clerk of Superior Court of Walton County and on file with90
the State Properties Commission Real Property Records as RPR 012780.01; and91
(3)  Said real property is under the custody of the Department of Economic Development92
Authority; and93
(4)  By official action dated December 8, 2022, the Department of Economic94
Development resolved to seek legislation to surplus and convey the approximately 93.995 23 HR 157/AP
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acres of fee, 1.868 acres of permanent easement for construction and drainage
96
maintenance, and 0.542 of an acre of permanent driveway easement by competitive bid97
for fair market value, or to a local government or state entity for fair market value; and98
WHEREAS:99
(1)  The State of Georgia is the owner of certain improved real property located in100
Muscogee County, Georgia; and101
(2)  Said real property is all of that improved parcel or tract lying west of the east side of102
Fourth Avenue and south of Fourth Street, and extending across the Chattahoochee River103
to the south boundary of the City of Columbus; and104
(3)  By an Act of the General Assembly, the State of Georgia authorized to the105
Commissioners of Commons of the City of Columbus, as created by Act of the General106
Assembly, approved February 18, 1873, the conveyance of said real property to the City107
of Columbus on January 30, 1928, subject to the restrictions that said real property shall108
be kept open and used only for the purpose of a public park and playground and devoted109
to such amusement and pleasure as the corporate authority of the City of Columbus may110
designate, and that the City of Columbus shall have no power or authority to convey any111
part or portion of said real property without the assent of two-thirds of the qualified112
voters of said city at a special election to be held for that purpose; and113
(4)  The City of Columbus and Muscogee County are now a consolidated government114
known as the Columbus Consolidated Government; and115
(5)  Said real property is currently used for the Golden Park baseball stadium, an116
auditorium, a civic center, and an ice rink; and117
(6)  The Columbus Consolidated Government is desirous of removing the restrictions118
from said real property; and119 23 HR 157/AP
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WHEREAS:
120
(1)  The State of Georgia is the owner of certain real property located in Rabun County,121
Georgia; and122
(2)  Said real property is approximately 1.12 acres located in Land Lot 162 of the 2nd123
District, 556th GMD, commonly known as the Dillard State Farmers' Market, and more124
particularly described in those Warranty Deeds, dated October 17, 1950, and  September125
30, 1954 from the Rabun Home Industries Co-Operative, Inc., being recorded in Deed126
Book Y-2, Page 61, and Deed Book E-4, Pages 147-148 in the office of the Clerk of127
Superior Court of Rabun County and on file with the State Properties Commission Real128
Property Records as RPR 001089 and 004487, respectively; and129
(3)  Said real property is under the custody of the Department of Agriculture and is130
located at 6500 Hwy 441 North, Dillard, Georgia; and131
(4)  The City of Dillard, Georgia, is currently leasing the Property; and132
(5)  By official action dated October 11, 2022, the City of Dillard is desirous of entering133
into a new lease of the Property for a term of 20 years for the continued operation of the134
local farmers' market and agritourism; and135
(6)  By official action, the Department of Agriculture has no objection to the leasing of136
the Property; and137
WHEREAS:138
(1)  The State of Georgia is the owner of certain improved real property located in Taylor139
County, Georgia; and140
(2)  Said real property is approximately 10.01 acres located in Land Lot 2 of the 15th141
Land District of Taylor County, Georgia, commonly known as the Taylor Detention142
Center and more particularly described in that Fee Simple Deed, dated July 1, 1987, from143
Taylor County Development Authority, being recorded in Deed Book 60, Pages 406-410,144 23 HR 157/AP
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in the office of the Clerk of Superior Court of Taylor County and on file with the State
145
Properties Commission Real Property Records as RPR 007467; and146
(3)  Said real property is under the custody of the Department of Corrections and is147
located on Industrial Park Road; and148
(4)  By official action dated February 8, 2023, the Department of Corrections requested149
authorization to surplus and convey the approximately 10.01 acre of real property by150
competitive bid for fair market value, or to a local government or state entity for fair151
market value; and152
WHEREAS:153
(1)  The State of Georgia is the owner of certain improved real property located in Walton154
County, Georgia; and155
(2)  Said real property is approximately 7.233 acres of fee, 4,750 square feet of easement156
for construction and drainage maintenance, and 938.492 of linear feet for access, located157
in Land Lots 106 and 108 of the 1st Land District, Walton County, Georgia, and more158
particularly described in that Limited Warranty Deed, dated September 2, 2002, from the159
Joint Development Authority of Jasper County, Morgan County, Newton County, and160
Walton County, being recorded in Deed Book 5204, Pages 170-216, in the office of the161
Clerk of Superior Court of Walton County and on file with the State Properties162
Commission Real Property Records as RPR 012780.01; and163
(3)  Said real property is under the custody of the Department of Economic Development164
Authority; and165
(4)  The Department of Transportation is desirous of acquiring a portion totaling166
approximately 7.233 acres of fee, 4,750 square feet of easement for construction and167
drainage maintenance, and 938.492 of linear feet for access; and168
(5)  By official action dated December 8, 2022, the Board of the Economic Development169
resolved to seek legislation to surplus and convey the approximately 7.233 acres of fee,170 23 HR 157/AP
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4,750 square feet of easement for construction and drainage maintenance, and 938.492
171
of linear feet for access by competitive bid for fair market value, or to a local government172
or state entity for fair market value.173
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY174
THE GENERAL ASSEMBLY OF GEORGIA:175
ARTICLE I176
SECTION 1.177
That the State of Georgia is the owner of the above-described property located in Appling178
County, containing approximately 4.16 acres, and that in all matters relating to the leasing179
of said real property the State of Georgia is acting by and through its State Properties180
Commission.181
SECTION 2.182
That the State of Georgia, acting by and through the State Properties Commission, is183
authorized to lease the above-described property with the Appling County Board of184
Education for a term of 25 years for the consideration of $10.00 annually so long as the185
property is used for public purpose, and such further terms and conditions as determined by186
the State Properties Commission as to be in the best interest of the State of Georgia.187
SECTION 3.188
That the State Properties Commission is authorized and empowered to do all acts and things189
necessary and proper to effect such lease, including the execution of all necessary190
documents.191 23 HR 157/AP
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SECTION 4.
192
That the authorization to lease the above-described property shall expire three years after the193
date that this resolution becomes effective.194
SECTION 5.195
That the ground lease shall be recorded by the Grantor in the Superior Court of Appling196
County, Georgia, and a recorded copy shall be forwarded to the State Properties197
Commission.198
SECTION 6.199
That the above-described real property shall remain in the custody of the Technical College200
System of Georgia during the term of the lease.201
ARTICLE II202
SECTION 7.203
That the State of Georgia is the owner of the above-described property located in Bacon204
County, containing approximately 0.26 of an acre, and that in all matters relating to the205
conveyance of said real property, the State of Georgia is acting by and through its State206
Properties Commission.207
SECTION 8.208
That the above-described real property may be conveyed by appropriate instrument by the209
State of Georgia, acting by and through its State Properties Commission by competitive bid210
for fair market value or to a local government entity or state entity for fair market value and211
other consideration and provisions as the State Properties Commission shall in its discretion212
determine to be in the best interest of the State of Georgia; or to a local government or state213 23 HR 157/AP
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entity for a consideration of $10.00 so long as the property is used for public purpose, and
214
other consideration and provisions as the State Properties Commission shall in its discretion215
determine to be in the best interest of the State of Georgia.216
SECTION 9.217
That the State Properties Commission is authorized and empowered to do all acts and things218
necessary and proper to effect such conveyance, including the execution of all necessary219
documents.220
SECTION 10.221
That the authorization to convey the above-described property shall expire three years after222
the date that this resolution becomes effective.223
SECTION 11.224
That the deed or deed and plat or plats of the conveyance shall be recorded by the Grantee225
in the Superior Court of Bacon County, Georgia, and a recorded copy shall be forwarded to226
the State Properties Commission.227
SECTION 12.228
That the above-described real property shall remain in the custody of the Department of229
Human Services until the property is conveyed.230
ARTICLE III231
SECTION 13.232
That the State of Georgia is the owner of the above-described property located in Bacon233
County, containing approximately 11,520 square feet, and that in all matters relating to the234 23 HR 157/AP
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leasing of said real property the State of Georgia is acting by and through its State Properties
235
Commission.236
SECTION 14.237
That the State of Georgia, acting by and through the State Properties Commission, is238
authorized to lease the above-described real property to Satilla Rural Electric Membership239
Corporation for a term of two years for the consideration of $33,293.00 per annum, and such240
further terms and conditions as determined by the State Properties Commission as to be in241
the best interest of the State of Georgia.242
SECTION 15.243
That the State Properties Commission is authorized and empowered to do all acts and things244
necessary and proper to effect such conveyance, including the execution of all necessary245
documents.246
SECTION 16.247
That the authorization to convey the above-described property shall expire three years after248
the date that this resolution becomes effective.249
SECTION 17.250
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Lessee251
in the Superior Court of Bacon County, Georgia, and a recorded copy shall be forwarded to252
the State Properties Commission.253
SECTION 18.254
That the above-described real property shall remain in the custody of the Technical College255
System of Georgia during the term of the lease.256 23 HR 157/AP
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ARTICLE IV
257
SECTION 19.258
That the State of Georgia is the owner of the above-described property located in Effingham259
County, containing approximately 16.0 acres, and that in all matters relating to the260
conveyance of said real property, the State of Georgia is acting by and through its State261
Properties Commission.262
SECTION 20.263
That the above-described improved real property may be conveyed by appropriate instrument264
by the State of Georgia, acting by and through its State Properties Commission to the265
Effingham County Board of Education for fair market value or for a consideration of $10.00266
so long as the property is used for public purpose in perpetuity; to a local government entity267
or state entity for fair market value and other consideration and provisions as the State268
Properties Commission shall in its discretion determine to be in the best interest of the State269
of Georgia; or to a local government or state entity for a consideration of $10.00 so long as270
the property is used for public purpose, and other consideration and provisions as the State271
Properties Commission shall in its discretion determine to be in the best interest of the State272
of Georgia.273
SECTION 21.274
That the State Properties Commission is authorized and empowered to do all acts and things275
necessary and proper to effect such conveyance, including the execution of all necessary276
documents.277 23 HR 157/AP
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SECTION 22.
278
That the authorization to convey the above-described property shall expire three years after279
the date that this resolution becomes effective.280
SECTION 23.281
That the deed or deed and plat or plats of the conveyance shall be recorded by the Grantee282
in the Superior Court of Effingham County, Georgia, and a recorded copy shall be forwarded283
to the State Properties Commission.284
SECTION 24.285
That the above-described real property shall remain in the custody of the Technical College286
System of Georgia until the property is conveyed.287
ARTICLE V288
SECTION 25.289
That the State of Georgia is the owner of the above-described improved property located in290
Morgan County, Newton County, and Walton County, containing approximately 93.9 acres291
of fee, 1.868 acres of permanent easement for construction and maintenance of drainage, and292
0.542 of an acre of driveway easement, and that in all matters relating to the conveyance of293
said real property, the State of Georgia is acting by and through its State Properties294
Commission.295
SECTION 26.296
That the above-described improved real property may be conveyed by appropriate instrument297
by the State of Georgia, acting by and through its State Properties Commission to the Joint298
Development Authority of Jasper County, Morgan County, Newton County, and Walton299 23 HR 157/AP
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County for fair market value or for a consideration of $10.00 so long as the property is used
300
for public purpose in perpetuity; to a local government entity or state entity for fair market301
value and other consideration and provisions as the State Properties Commission shall in its302
discretion determine to be in the best interest of the State of Georgia; or to a local303
government or state entity for a consideration of $10.00 so long as the property is used for304
public purpose, and other consideration and provisions as the State Properties Commission305
shall in its discretion determine to be in the best interest of the State of Georgia.306
SECTION 27.307
That the State Properties Commission is authorized and empowered to do all acts and things308
necessary and proper to effect such conveyance, including the execution of all necessary309
documents.310
SECTION 28.311
That the authorization to convey the above-described property shall expire three years after312
the date that this resolution becomes effective.313
SECTION 29.314
That the deed or deeds and plat or plats of the conveyance and easement documents shall be315
recorded by the Grantee in the Superior Court of Walton County, Georgia, and a recorded316
copy shall be forwarded to the State Properties Commission.317
SECTION 30.318
That the above-described real property shall remain in the custody of the Department of319
Economic Development until the property is conveyed.320 23 HR 157/AP
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ARTICLE VI
321
SECTION 31.322
The State of Georgia has an interest in the above-described property located in Muscogee323
County, and that in all matters relating to the conveyance of said real property the State of324
Georgia is acting by and through its State Properties Commission.325
SECTION 32.326
That the above-described improved real property may be conveyed with the release of the327
current restrictions by appropriate instrument by the State of Georgia, acting by and through328
its State Properties Commission, to the Columbus Consolidated Government for a329
consideration of $650.00 and other consideration and provisions as the State Properties330
Commission shall in its discretion determine to be in the best interest of the State of Georgia;331
to a local government entity or state entity for fair market value and other consideration and332
provisions as the State Properties Commission shall in its discretion determine to be in the333
best interest of the State of Georgia; or to a local government or state entity for a334
consideration of $10.00 so long as the property is used for public purpose and other335
consideration and provisions as the State Properties Commission shall in its discretion336
determine to be in the best interest of the State of Georgia.337
SECTION 33.338
That the State Properties Commission is authorized and empowered to do all acts and things339
necessary and proper to effect such conveyance and release of restrictions, including the340
execution of all necessary documents.341 23 HR 157/AP
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SECTION 34.
342
That the authorization to convey the above-described property free of restrictions shall expire343
three years after the date that this resolution becomes effective.344
SECTION 35.345
That the deed or deeds and plat or plats of the conveyance documents shall be recorded by346
the Grantee in the Superior Court of Muscogee County, Georgia, and a recorded copy shall347
be forwarded to the State Properties Commission.348
SECTION 36.349
That the above-described real property shall remain in the custody of the City of Columbus350
until the property is conveyed.351
ARTICLE VII352
SECTION 37.353
The State of Georgia is the owner of the above-described property located in Rabun County,354
containing approximately 1.12 acres, and that in all matters relating to the leasing of said real355
property the State of Georgia is acting by and through its State Properties Commission.356
SECTION 38.357
That the State of Georgia, acting by and through the State Properties Commission, is358
authorized to lease the above-described Property with the City of Dillard for a term of 20359
years for the continual operation of a local farmers' market and agritourism for the360
consideration of $10.00 annually, so long as the property is used for public purpose, and such361
further terms and conditions as determined by the State Properties Commission as to be in362
the best interest of the State of Georgia.363 23 HR 157/AP
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SECTION 39.
364
That the State Properties Commission is authorized and empowered to do all acts and things365
necessary and proper to effect such lease, including the execution of all necessary366
documents.367
SECTION 40.368
That the authorization to lease the above-described property shall expire three years after the369
date that this resolution becomes effective.370
SECTION 41.371
That the above-described real property shall remain in the custody of the Department of372
Agriculture during the term of the lease.373
ARTICLE VIII374
SECTION 42.375
The State of Georgia is the owner of the above-described improved property located in376
Taylor County, containing approximately 10.01 acres, and that in all matters relating to the377
conveyance of said real property, the State of Georgia is acting by and through its State378
Properties Commission.379
SECTION 43.380
That the above-described real property may be conveyed by appropriate instrument by the381
State of Georgia, acting by and through its State Properties Commission by competitive bid382
for fair market value, or to a local government entity or state entity for fair market value and383
other consideration and provisions as the State Properties Commission shall in its discretion384
determine to be in the best interest of the State of Georgia; or to a local government or state385
entity for a consideration of $10.00 so long as the property is used for public purpose, and386 23 HR 157/AP
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other consideration and provisions as the State Properties Commission shall in its discretion
387
determine to be in the best interest of the State of Georgia.388
SECTION 44.389
That the State Properties Commission is authorized and empowered to do all acts and things390
necessary and proper to effect such conveyance, including the execution of all necessary391
documents.392
SECTION 45.393
That the authorization to convey the above-described property shall expire three years after394
the date that this resolution becomes effective.395
SECTION 46.396
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee397
in the Superior Court of Taylor County, Georgia, and a recorded copy shall be forwarded to398
the State Properties Commission.399
SECTION 47.400
That the above-described real property shall remain in the custody of the Department of401
Corrections until the property is conveyed.402
ARTICLE IX403
SECTION 48.404
The State of Georgia is the owner of the above-described improved property located in405
Walton County, containing approximately 7.233 acres in fee, 4,750 square feet easement for406
construction and maintenance of drainage, and 938.492 linear feet for access, and that in all407 23 HR 157/AP
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matters relating to the conveyance of said real property, the State of Georgia is acting by and
408
through its State Properties Commission.409
SECTION 49.410
That the above-described improved real property may be conveyed by appropriate instrument411
by the State of Georgia, acting by and through its State Properties Commission, to the412
Georgia Department of Transportation for a consideration of $10.00 and other consideration413
and provisions as the State Properties Commission shall in its discretion determine to be in414
the best interest of the State of Georgia; to a local government entity or state entity for fair415
market value and other consideration and provisions as the State Properties Commission shall416
in its discretion determine to be in the best interest of the State of Georgia; or to a local417
government or state entity for a consideration of $10.00 so long as the property is used for418
public purpose, and other consideration and provisions as the State Properties Commission419
shall in its discretion determine to be in the best interest of the State of Georgia.420
SECTION 50.421
That the State Properties Commission is authorized and empowered to do all acts and things422
necessary and proper to effect such conveyance, including the execution of all necessary423
documents.424
SECTION 51.425
That the authorization to convey the above-described property shall expire three years after426
the date that this resolution becomes effective.427 23 HR 157/AP
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SECTION 52.
428
That the deed or deeds and plat or plats of the conveyance and easement documents shall be429
recorded by the Grantee in the Superior Court of Walton County, Georgia, and a recorded430
copy shall be forwarded to the State Properties Commission.431
SECTION 53.432
That the above-described real property shall remain in the custody of the Department of433
Economic Development until the property is conveyed.434
ARTICLE X435
SECTION 54.436
That this resolution shall become effective as law upon its approval by the Governor or upon437
its becoming law without such approval.438
SECTION 55.439
That all laws and parts of laws in conflict with this resolution are repealed.440