Devises, Gifts, and Grants of Property for Parks or Other Public Purposes

1. Law
2. Georgia Code
3. Local Government
4. Acquisition and Disposition of Real and Personal Property Generally
5. Devises, Gifts, and Grants of Property for Parks or Other Public Purposes

1. By appropriate conveyance, any person may devise, give, or grant to any municipal corporation of this state, in fee simple or in trust, or to other persons as trustees, lands dedicated by such conveyance in perpetuity to the public use as a park, pleasure ground, or for other public purpose. By such conveyance, any person may also devise, give, or grant in perpetuity to such corporations or persons other property, real or personal, for the development, improvement, and maintenance of such property.
2. Any municipal corporation or other persons, natural or artificial, as trustees, to whom such devise, gift, or grant is made may accept the same in behalf of and for the benefit of the public. The municipal corporation or trustees shall have the right to improve, embellish, and ornament the land so granted as a public park or for other public use. Every municipal corporation to which such conveyance is made shall have the power, by appropriate police provision, to protect the public in the use and enjoyment thereof.

(Ga. L. 1905, p. 117, §§ 1, 2; Civil Code 1910, §§ 890, 891; Code 1933, §§ 69-504, 69-505.)

Cross references.

- Further provisions regarding gifts of property or money to counties and municipalities for playground or recreation purposes, § 36-64-6.

Law reviews.

- For comment on Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 2 Ga. St. B. J. 487 (1966). For comment on Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970), as to reversion of a charitable trust designed to operate on a segregated basis rather than application of cy pres, see 22 Mercer L. Rev. 493 (1971).

JUDICIAL DECISIONS

Public character of a park requires that the park be treated as a public institution subject to the command of U.S. Const., amend. 14. Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966). For comment, see 2 Ga. St. B.J. 487 (1966).

When the testator's intent to create racially segregated city park could not legally be carried out, application of cy pres doctrine reverting land to heirs was not unconstitutional. Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970). For comment, see 22 Mercer L. Rev. 493 (1971).

Cited in Evans v. Abney, 224 Ga. 826, 165 S.E.2d 160 (1968).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 470 et seq. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, §§ 6, 7.

C.J.S.

- 63 C.J.S., Municipal Corporations, §§ 1143, 1146, 1150.

ALR.

- Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.

Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 A.L.R.3d 736.

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.