Conveyance of Real Property to Authority; Power to Acquire and Expend Funds for Property Interests

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  2. Georgia Code
  3. Highways, Bridges, and Ferries
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  6. General Provisions
  7. Conveyance of Real Property to Authority; Power to Acquire and Expend Funds for Property Interests

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  1. The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came.
  2. The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70.
  3. The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority.

(Ga. L. 1953, Jan.-Feb. Sess., p. 302, § 7; Ga. L. 1972, p. 179, § 14; Code 1933, § 95A-1244, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1988, p. 227, § 6; Ga. L. 1989, p. 14, § 32; Ga. L. 2001, p. 1251, § 1-10.1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, a comma was substituted for a semicolon following "actual consideration" in subsection (a).

Editor's notes.

- Ga. L. 1988, p. 227, § 8, not codified by the General Assembly, provides: "Every toll established under this Act must expire at a specified period of time, and may be extended beyond said time by approval of the State Tollway Authority."

Ga. L. 1990, p. 8, § 55, part of an Act to correct errors and omissions in the Code, repealed Ga. L. 1988, p. 227, § 8, which provided for the expiration and extension of tolls, and enacted those provisions as Code Section 32-10-65.1.


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