Authority of State to Make Grants, Leases, Contracts, and Cooperative Agreements in Regard to Public-Use Areas; Powers of Department

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Parks, Historic Areas, Memorials, and Recreation
  5. General Provisions
  6. General Provisions
  7. Authority of State to Make Grants, Leases, Contracts, and Cooperative Agreements in Regard to Public-Use Areas; Powers of Department

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  1. The State of Georgia is authorized to make grants, as funds are available, to any county, municipality, or other local government, or any combination thereof, or to any public authority, agency, commission, or institution, for the purpose of acquiring, establishing, developing, improving, maintaining, protecting, restoring, preserving, constructing, reconstructing, or renovating any public boat ramps, fishing piers, fishing lakes or areas, hunting areas, stream access areas, fisherman catwalks, parks, recreational or natural areas, historic, archeologic or scientific sites, or other similar property for public use. In addition, these grants may be made to further, or assist in furthering, any of the services, purposes, duties, responsibilities, or functions vested in the department.
  2. The State of Georgia is authorized to enter into leases of real and personal property belonging to the State of Georgia with any county, municipality, or other local government, or any combination thereof, or with any public authority, agency, commission, or institution, for the development, improvement, maintenance, establishment, or operation of any public parks, recreational or natural areas, historic, archeologic or scientific sites, or any other similar property for public use; provided, however, that such leases shall have the prior approval of the State Properties Commission.
  3. The State of Georgia is authorized to contract and make cooperative agreements, leases, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, or to arrange for contracts, agreements, or leases between state agencies, for any of the services, purposes, duties, responsibilities, or functions vested in the department.
  4. The department shall administer all grants made under the authority of this Code section and is authorized to specify the terms and conditions under which any grants of funds are made. The use of any granted funds by the grantee shall be under and subject to such terms and conditions as shall be prescribed by the department.
  5. The leases, contracts, cooperative agreements, and rental agreements executed under the authority of this Code section shall be entered into and made by the department acting for the State of Georgia. The department may place such terms, limitations, restrictions, and conditions in such leases, cooperative agreements, contracts, and rental agreements as are deemed necessary to ensure that the utilization of the property is in the public interest.

(Ga. L. 1974, p. 273, § 1.)

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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 5. 63C Am. Jur. 2d, Public Lands, § 67. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 69, 70, 74.

C.J.S.

- 81A C.J.S., States, §§ 251, 264, 274, 335 et seq.


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