Creation of Authority as Instrumentality of State and Public Corporation; Delegation of Powers and Duties; Duration of Existence

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Parks, Historic Areas, Memorials, and Recreation
  5. Public Authorities
  6. Jekyll Island-State Park Authority
  7. Creation of Authority as Instrumentality of State and Public Corporation; Delegation of Powers and Duties; Duration of Existence

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  1. There is created a body corporate and politic to be known as the Jekyll Island - State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years.
  2. The authority is assigned to the Department of Natural Resources for administrative purposes only.

(Ga. L. 1950, p. 152, § 2; Ga. L. 1951, p. 782, § 1; Ga. L. 1963, p. 391, § 2; Ga. L. 1972, p. 1015, § 1519; Ga. L. 2007, p. 711, § 3/HB 214.)

Cross references.

- Effect of assignment for administrative purposes, § 50-4-3.

JUDICIAL DECISIONS

Waiver of immunity to state court actions.

- O.C.G.A. §§ 12-3-232 and12-3-275 waived a state park authority's immunity to suits in state court but not in federal court. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Eleventh Amendment immunity.

- Consent to suit in state court does not necessarily waive Eleventh Amendment immunity. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Eleventh Amendment bars a 42 U.S.C. § 1983 federal civil rights claim against a state park authority, which, although a public corporation, is closely controlled by the state; a suit against the authority is effectively a suit against the state. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Glynn County has no authority to require county license for sale of alcoholic beverages on Jekyll Island since the island is owned by the state and is governed by the Jekyll Island - State Park Authority. Glynn County v. Davis, 228 Ga. 588, 186 S.E.2d 872 (1972).

Cited in Aaron v. Jekyll Island-State Park Authority, 348 Ga. App. 332, 822 S.E.2d 829 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Authority is not required to obtain dairy processing plant license to operate an ice cream parlor. 1958-59 Op. Att'y Gen. p. 5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 42, 43.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23.


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