Georgia 2025-2026 Regular Session

Georgia Senate Bill SB252 Compare Versions

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11 25 LC 44 3164S
2-Senate Bill 252
3-By: Senators Halpern of the 39th, Orrock of the 36th, McLaurin of the 14th, Esteves of the
4-35th, Goodman of the 8th and others
5-AS PASSED
2+The House Committee on Intragovernmental Cordination offers the following substitute
3+to SB 252:
64 A BILL TO BE ENTITLED
75 AN ACT
8-To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to
9-1
6+To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to1
107 acquisition and disposition of real and personal property generally, so as to provide for2
118 conveyance of municipal property interests to independent school systems; to provide for3
129 municipal replacement of such conveyed property; to provide for related matters; to repeal4
1310 conflicting laws; and for other purposes.5
1411 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
1512 SECTION 1.7
1613 Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and8
1714 disposition of real and personal property generally, is amended by revising Code Section9
1815 36-37-6.1, relating to sale, exchange, lease, or grant of easement over property used for10
1916 recreational purposes by incorporated municipalities having population greater than 300,000,11
2017 as follows:12
2118 "36-37-6.1.13
2219 (a) This Code section shall be applicable to incorporated municipalities of the State of14
2320 Georgia having a population of more than 300,000 according to the United States decennial15
2421 census of 1960 or any future such census.16
25-S. B. 252
22+ S. B. 252 (SUB)
2623 - 1 - 25 LC 44 3164S
27-(b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of
28-17
24+(b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of17
2925 any real or personal property comprising parks, playgrounds, golf courses, swimming18
3026 pools, or other like property used primarily for recreational purposes, provided that nothing19
3127 in this Code section shall have the effect of authorizing alienation where such would be in20
3228 derogation of rights, duties, and obligations imposed by prior deed, contract, or like21
3329 document of similar import or where such alienation would cause divesting of title to a22
3430 park, playground, golf course, swimming pool, or other like property that had been23
3531 dedicated to public use and not subsequently abandoned.24
3632 (c)(1) All such municipalities shall have authority to lease out and grant easements over25
3733 property used primarily for recreational purposes to others consistent with general park26
3834 and recreational purposes for a period not exceeding 50 years and for a valuable27
3935 consideration. Any such recreational property which was formerly used for annual28
4036 regional fair purposes but is no longer so used may be leased by any such municipality29
4137 to one or more private entities for terms of not more than 50 years each for development30
4238 and use as motion picture and television production, processing, and related facilities31
4339 together with all such support and service facilities as are necessary or convenient to such32
4440 use.33
4541 (2) All such municipalities shall have authority to enter into contracts and renewals and34
4642 extensions of contracts for the cooperative operation, maintenance, cooperative35
4743 management, and funding of property which in no way limits the governance or the36
4844 policy role of said municipalities which property is used primarily for recreational37
4945 purposes consistent with general park and recreational purposes, for periods not38
5046 exceeding ten years and for a valuable consideration.39
51-(3) Notwithstanding the provisions of subsection (b) of this Code section, all such
52-40
47+(3) Notwithstanding the provisions of subsection (b) of this Code section, all such40
5348 municipalities shall have authority to lease out, grant easements over, or convey any41
5449 property described in subsection (b) of this Code section to an independent school system42
5550 operating in such municipality for a valuable consideration where the governing authority43
56-S. B. 252
51+ S. B. 252 (SUB)
5752 - 2 - 25 LC 44 3164S
5853 of such municipality and the board of such independent school system determine that44
5954 such lease, easement, or conveyance is in the best interest of their respective jurisdictions45
6055 and for use of the school system for educational purposes. If such property is conveyed,46
6156 the governing authority of such municipality shall subsequently replace such property47
6257 with one or more properties which are determined by such governing authority to be, in48
6358 the aggregate, of equal or greater acreage and of substantially equivalent or greater49
6459 benefit to the citizens of such municipality, taking into consideration the prevailing uses50
6560 and needs of such municipality. One or more independent conveyances of property as51
6661 may be agreed upon by such municipality and independent school system for the public52
6762 uses set forth in subsection (b) of this Code section shall be credited against the53
6863 replacement property required by this paragraph for any subsequent conveyance of54
6964 property described in subsection (b) of this Code section by the municipality to the55
7065 independent school system. The cumulative impact of such conveyances shall not result56
7166 in a net loss of park acreage owned by such municipality."57
7267 SECTION 2.58
7368 All laws and parts of laws in conflict with this Act are repealed.59
74-S. B. 252
69+ S. B. 252 (SUB)
7570 - 3 -