(Ga. L. 1950, p. 152, § 10; Ga. L. 1952, p. 276, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 2; Ga. L. 1957, p. 608, § 2; Ga. L. 1971, p. 452, § 1; Ga. L. 1995, p. 105, § 12; Ga. L. 2007, p. 711, § 7/HB 214; Ga. L. 2014, p. 64, § 2/HB 715; Ga. L. 2014, p. 69, § 2/SB 296.)
The 2014 amendments. The first 2014 amendment, effective July 1, 2014, rewrote subsection (a), which read: "(a)(1) The authority is empowered to survey, subdivide, improve, and lease or sell to the extent and in the manner provided in this part, as subdivided and improved, not more than 35 percent of the land area of Jekyll Island which lies above water at mean high tide, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island will never be sold but will be kept free and open for the use of the people of the state.
"(2)(A) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on March 14, 1995.
"(B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be included within the area of Jekyll Island protected by this paragraph, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island in violation of this paragraph on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007." The second 2014 amendment, effective July 1, 2014, made identical changes.
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1995, "March 14, 1995" was substituted for "the effective date of this paragraph" at the end of paragraph (a)(5) (now subparagraph (a)(2)(A)).
Pursuant to Code Section 28-9-5, in 2007, "May 30, 2007" was substituted for "the effective date of this subparagraph" in subparagraph (a)(2)(B) three times.
Editor's notes.- Ga. L. 2007, p. 711, § 1/HB 214, not codified by the General Assembly, provides: "The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as 'Georgia's Jewel,' and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia."
Law reviews.- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 1 (2014).
OPINIONS OF THE ATTORNEY GENERAL
Mean high tide controls.
- Jekyll Island State Park Authority does not have discretion to adopt the "65/35 Task Force" Recommendation to the extent that it uses a measurement reference point other than Mean High Tide. Any proposal to modify the 1996 Master Plan so as to increase substantially the measured land area of the island be thoroughly evaluated in a public process and finally adopted only after the General Assembly has been given the opportunity to weigh in on the proposal. 2013 Op. Att'y Gen. No. 13-2.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Lands, § 64.
C.J.S.- 73B C.J.S., Public Lands, §§ 249, 250.