Powers and Duties of Department as to Parks and Recreational Areas and Facilities

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Parks, Historic Areas, Memorials, and Recreation
  5. State Parks and Recreational Areas Generally
  6. Powers and Duties of Department as to Parks and Recreational Areas and Facilities

Checkout our iOS App for a better way to browser and research.

  1. The Department of Natural Resources is empowered and directed:
    1. In cooperation with other state and local agencies and any agency of the United States government, to study and ascertain the state's present park, parkway, and recreational resources and facilities, the need for such resources and facilities, and the extent to which such needs are being currently met. The department shall also conduct a survey to identify land suitable and desirable for acquisition by the state as a part of the state park system, due consideration being given to scenic, recreational, historical, archeological, and other special features. The results of such study and survey shall be reported to the Governor and the next succeeding session of the General Assembly and shall be accompanied by such recommendations as the department shall deem advisable;
    2. To acquire in the name of the state, by purchase, lease, agreement, or condemnation, such land within the state as it may deem necessary or proper for the extension of the state park system. The right of eminent domain shall be exercised in accordance with the provisions of law now or hereafter existing for the condemnation of property for public purposes, provided that no land or other property shall be taken or contracted to be taken unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purpose;
    3. To accept in its discretion, in fee or otherwise, land entrusted, donated, or devised to the state by the United States government, by a political subdivision of the state, or by any person, firm, association, or corporation, with the intent that the land shall become a part of the state park system. The department shall also in its discretion accept gifts, bequests, or contributions of money or other property to be used in extending, improving, or maintaining the state park system;
    4. To make expenditures from available funds for the care, supervision, improvement, and development of the state park system;
    5. To cooperate with other state agencies, with counties, municipalities, and other political subdivisions of the state, with other states, and with the United States government in matters relating to the acquiring, planning, establishing, developing, improving, or maintaining of any park, parkway, or recreational area;
    6. To contract and make cooperative agreements with the United States government, with political subdivisions of the state, or with corporations, associations, or individuals, with proper bond where deemed advisable, to protect, restore, preserve, mark, maintain, or operate any historic, archeologic, or scientific site, ground, reservations, structure, building, object, or other property for public use, provided that no contract or cooperative agreement shall be made or entered into unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purposes;
    7. To enter into contracts and agreements for the construction, renovation, and repair of any improvements on any park or other property under its control for the purpose of providing suitable public service privileges, conveniences, and facilities and for improvements necessary for the operation and maintenance of such property; provided, however, that all such contracts shall be conducted and negotiated by the Department of Administrative Services in accordance with Code Section 50-5-72;
    8. To provide and maintain adequate recreational facilities and to initiate, conduct, and supervise suitable programs and activities in connection therewith;
    9. To grant concessions for the operation of public service privileges, conveniences, and facilities when the department determines in its discretion that such private concessions are in the best interest of the general public and the department. Such concessions may be granted to any responsible person, partnership, firm, association, or corporation for a period not to exceed five years and upon such terms as the department may deem advisable and consistent with other laws of this state;
    10. To establish and, from time to time, to alter rules and regulations governing the use, occupancy, and protection of the land and property under its control and to preserve the peace therein. The department is empowered to confer on such employees as it may designate the full authority of peace officers for all land and property under its control;
    11. To plan and conduct a program of information and publicity as to the scenic, recreational, historical, archeological, and scientific points and places within the state designed to attract tourists and visitors to this state;
    12. To cooperate with the Department of Transportation in the establishment and maintenance of roadside parks and developments for the convenience and enjoyment of the traveling public; and
    13. To purchase and provide uniforms to such of its officers, assistants, and employees as it deems advisable.
  2. All of the functions of the former Department of State Parks are transferred to the Department of Natural Resources.

(Ga. L. 1937, p. 264, § 9; Ga. L. 1943, p. 180, §§ 1, 3, 4, 7; Ga. L. 1951, p. 788, § 1; Ga. L. 1958, p. 634, § 1; Ga. L. 1972, p. 1015, § 1503; Ga. L. 1981, p. 980, §§ 1, 2, 6.)

Law reviews.

- For note, "Regulation of Artificial Lakes and Recreational Subdivisions in Georgia," recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972).

JUDICIAL DECISIONS

Word "concession" means a grant or lease of a portion of premises for some specific use, or of a right to enter upon premises for some specific purpose. Collier v. Akins, 102 Ga. App. 274, 116 S.E.2d 121 (1960).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

Lands through which pipelines will be laid.

- Department is not required to obtain fee simple title to lands through which pipelines will be laid. A water main would not constitute an improvement to the realty, but is a trade fixture used in the conduct of the park and, as such, is removable at the option of the department, without consent of the landowners. 1968 Op. Att'y Gen. No. 68-57.

Authority to dispose of park property by lease or easement limited.

- There is no authority in this section for the Department of Parks (now Department of Natural Resources) to dispose of, or to encumber, park property by lease or easement, other than to grant concessions to a responsible person, firm, or corporation. 1948-49 Op. Att'y Gen. p. 230 (see O.C.G.A. § 12-3-32).

Leasing land to extend state park system authorized.

- Department is authorized and empowered to lease land within the state as the state may deem necessary or proper in the extension and best operation of the state parks system. 1965-66 Op. Att'y Gen. No. 66-70.

Installation of water service at state park constitutes "improvement" within the meaning of paragraph (a)(4) of this section. 1968 Op. Att'y Gen. No. 68-57 (see O.C.G.A. § 12-3-32).

Department may not expend appropriations for improvement of park owned by United States for which the state has only a license to use for limited purposes. 1945-47 Op. Att'y Gen. p. 328.

State may bear expense of extending pipeline from the limits of an existing distribution system to the park itself, provided the necessary appurtenant easements are secured therefor. 1968 Op. Att'y Gen. No. 68-57.

Department may pay surcharge on normal metered rate to cover cost of extended service if a pipeline is installed by a municipality and becomes part of the municipal water system, and if the proposed surcharge bears a reasonable relationship to the nature of the service. 1968 Op. Att'y Gen. No. 68-57.

Future maintenance contract illegal.

- It is not legal for the department to incur a contractual obligation with respect to future maintenance of erosion control structures at historic sites. 1965-66 Op. Att'y Gen. No. 65-44.

Property and casualty insurance.

- Department may require concessionaire to take out casualty and accident insurance for the use and benefit of individuals who may be harmed by the operation of the concession. 1958-59 Op. Att'y Gen. p. 227.

Sale of materials directly to concessionaire unauthorized.

- Department has no authority, under paragraph (a)(9) of this section, to sell materials directly to a concessionaire. 1958-59 Op. Att'y Gen. p. 227 (see O.C.G.A. § 12-3-32).

Approval of commissioner not required in paragraph (a)(9).

- Paragraph (a)(9) of this section does not require approval of the commissioner of conservation (now commissioner of natural resources). 1963-65 Op. Att'y Gen. p. 518 (see O.C.G.A. § 12-3-32).

Committee appointed from state park's county.

- It is necessary to appoint a county advisory committee from the county or counties in which each state park is located. 1954-56 Op. Att'y Gen. p. 653.

Department has police power over state parks. 1954-56 Op. Att'y Gen. p. 653.

Appointment of peace officers authorized.

- Commissioner of natural resources has the authority to make appointments of the department personnel as peace officers at the direction of the Governor. 1971 Op. Att'y Gen. No. 71-155.

Regulation of park traffic by ranger legal.

- Park ranger may legally be invested by the commissioner with power to regulate traffic within a state park. 1971 Op. Att'y Gen. No. U71-2.

Employees ineligible for participation in retirement fund.

- Since the peace office authority of the department employees is limited by paragraph (a)(10) of this section to enforcing laws on state park property and, since the employees will not be devoting full time to work as general law enforcement officers, the employees are not eligible for participation in the Peace Officers' Annuity and Benefit Fund. 1971 Op. Att'y Gen. No. 71-155 (see O.C.G.A. § 12-3-32).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 17, 51, 75.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 23, 58. 81A C.J.S., States, § 251.

ALR.

- Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.


Download our app to see the most-to-date content.