When Properties of System May Be Sold, Leased, or Otherwise Disposed Of; Effect of Restrictions on Use; Works of Art

  1. Law
  2. Georgia Code
  3. Education
  4. Postsecondary Education
  5. Board of Regents and University System
  6. University System
  7. When Properties of System May Be Sold, Leased, or Otherwise Disposed Of; Effect of Restrictions on Use; Works of Art

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  1. All properties owned or held by the board of regents pursuant to this chapter which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interests of the system, if the board shall first determine that such property can no longer be advantageously used in the system; provided, however, that where any such property has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance.
  2. Nothing in this Code section shall prevent the board of regents from leasing laboratory and research facilities owned by the board of regents to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use.
    1. As used in this subsection, the term "work of art" means any work of visual art. The term "work of art" includes, but is not limited to, drawings, paintings, murals, frescoes, sculptures, mosaics, films, videos, photographs, calligraphy, etchings, lithographs, offset prints, silk screens, crafts, jewelry, and mixed media, including collages, assemblages, or any combination of the foregoing art media. The term "work of art" does not include environmental landscaping placed about a state building.
    2. Notwithstanding any other provision of law, including this Code section and Article 4 of Chapter 5 of Title 50, and upon finding that such action is in the best interests of the system and that a work of art owned or held by the board of regents can no longer be advantageously used in the system, the board of regents may:
      1. Sell such work of art to the highest responsible bidder for cash;
      2. Sell or transfer such work of art to any department, board, commission, or other agency of the State of Georgia;
      3. Sell such work of art, or transfer such work of art in exchange for substantial benefits, to any private nonprofit agency; or
      4. Dispose of such work of art as provided in Article 4 of Chapter 5 of Title 50;

        provided, however, that where any such work of art has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, the board's action under this subsection shall be in conformity with any use or trust declared in any such grant or conveyance.

(Ga. L. 1935, p. 168, § 1; Ga. L. 1987, p. 1020, § 1; Ga. L. 1998, p. 186, § 1.)

Cross references.

- Authority of board of regents to convey or lease property to municipal or county housing authorities for construction of dormitory housing projects, § 8-3-17.

JUDICIAL DECISIONS

Action of delegated authority in making contract deemed action of state.

- When the legislature has delegated the legislature's authority to make a contract to certain officers, or a public board or department of the state government, the action of such a delegated authority in the matter of making a contract is the action of the state. State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944).

Regents authorized to lease unusable property to fraternity.

- Regents had authority to enter into a contract to lease property which the university system could no longer advantageously use to a university fraternity for $1.00 per year so long as there is no abuse of discretion. State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944).

OPINIONS OF THE ATTORNEY GENERAL

Statutes consistent with budgetary provisions.

- Ga. L. 1935, p. 168, §§ 1 through 3, which authorize the regents to sell excess property and to retain the proceeds, have been ruled to be consistent with the Budget Act, Ga. L. 1962, p. 17, § 1 et seq. 1977 Op. Att'y Gen. No. 77-77.

Board may sell property at less than appraised value.

- If the board of regents determines that property may no longer be used advantageously in the university system, the board may, with the approval of the Governor, sell the property to the highest bidder even though the highest bid is less than the appraised value of the property, provided the board deems the sale to be in the best interests of the university system. 1965-66 Op. Att'y Gen. No. 66-146.

Proceeds of sale of property by board are used for support of system and branches. 1962 Op. Att'y Gen. p. 590.

Regents, as lessor, give notice of termination and cancellation of lease.

- Even though this section requires the approval of the Governor as to any sale, lease, or other disposition of property held by the regents, the Governor is not the lessor; the regents are the lessor, and the board is the proper party to give the notice of termination or cancellation of the lease by and through the board's chair and executive secretary without the approval of the Governor. 1963-65 Op. Att'y Gen. p. 529 (see O.C.G.A. § 20-3-60).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Colleges and Universities, § 41.

C.J.S.

- 14A C.J.S., Colleges and Universities, § 6 et seq.


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