25 LC 44 3164S
Senate Bill 252
By: Senators Halpern of the 39th, Orrock of the 36th, McLaurin of the 14th, Esteves of the
35th, Goodman of the 8th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to
1
acquisition and disposition of real and personal property generally, so as to provide for2
conveyance of municipal property interests to independent school systems; to provide for3
municipal replacement of such conveyed property; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and8
disposition of real and personal property generally, is amended by revising Code Section9
36-37-6.1, relating to sale, exchange, lease, or grant of easement over property used for10
recreational purposes by incorporated municipalities having population greater than 300,000,11
as follows:12
"36-37-6.1.13
(a) This Code section shall be applicable to incorporated municipalities of the State of14
Georgia having a population of more than 300,000 according to the United States decennial15
census of 1960 or any future such census.16
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(b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of
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any real or personal property comprising parks, playgrounds, golf courses, swimming18
pools, or other like property used primarily for recreational purposes, provided that nothing19
in this Code section shall have the effect of authorizing alienation where such would be in20
derogation of rights, duties, and obligations imposed by prior deed, contract, or like21
document of similar import or where such alienation would cause divesting of title to a22
park, playground, golf course, swimming pool, or other like property that had been23
dedicated to public use and not subsequently abandoned.24
(c)(1) All such municipalities shall have authority to lease out and grant easements over25
property used primarily for recreational purposes to others consistent with general park26
and recreational purposes for a period not exceeding 50 years and for a valuable27
consideration. Any such recreational property which was formerly used for annual28
regional fair purposes but is no longer so used may be leased by any such municipality29
to one or more private entities for terms of not more than 50 years each for development30
and use as motion picture and television production, processing, and related facilities31
together with all such support and service facilities as are necessary or convenient to such32
use.33
(2) All such municipalities shall have authority to enter into contracts and renewals and34
extensions of contracts for the cooperative operation, maintenance, cooperative35
management, and funding of property which in no way limits the governance or the36
policy role of said municipalities which property is used primarily for recreational37
purposes consistent with general park and recreational purposes, for periods not38
exceeding ten years and for a valuable consideration.39
(3) Notwithstanding the provisions of subsection (b) of this Code section, all such
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municipalities shall have authority to lease out, grant easements over, or convey any41
property described in subsection (b) of this Code section to an independent school system42
operating in such municipality for a valuable consideration where the governing authority43
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of such municipality and the board of such independent school system determine that44
such lease, easement, or conveyance is in the best interest of their respective jurisdictions45
and for use of the school system for educational purposes. If such property is conveyed,46
the governing authority of such municipality shall subsequently replace such property47
with one or more properties which are determined by such governing authority to be, in48
the aggregate, of equal or greater acreage and of substantially equivalent or greater49
benefit to the citizens of such municipality, taking into consideration the prevailing uses50
and needs of such municipality. One or more independent conveyances of property as51
may be agreed upon by such municipality and independent school system for the public52
uses set forth in subsection (b) of this Code section shall be credited against the53
replacement property required by this paragraph for any subsequent conveyance of54
property described in subsection (b) of this Code section by the municipality to the55
independent school system. The cumulative impact of such conveyances shall not result56
in a net loss of park acreage owned by such municipality."57
SECTION 2.58
All laws and parts of laws in conflict with this Act are repealed.59
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