Sale, Exchange, Lease, or Grant of Easement Over Property Used for Recreational Purposes by Incorporated Municipalities Having Population Greater Than 300,000

  1. Law
  2. Georgia Code
  3. Local Government
  4. Acquisition and Disposition of Real and Personal Property Generally
  5. Sale, Exchange, Lease, or Grant of Easement Over Property Used for Recreational Purposes by Incorporated Municipalities Having Population Greater Than 300,000

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  1. This Code section shall be applicable to incorporated municipalities of the State of Georgia having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census.
  2. All such municipalities shall have authority to sell, exchange, or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools, or other like property used primarily for recreational purposes, provided that nothing in this Code section shall have the effect of authorizing alienation where such would be in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or where such alienation would cause divesting of title to a park, playground, golf course, swimming pool, or other like property that had been dedicated to public use and not subsequently abandoned.
    1. All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use.
    2. All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration.

(Ga. L. 1967, p. 3022, §§ 1-3; Ga. L. 1981, p. 3196, § 1; Code 1981, §36-37-6.1, enacted by Ga. L. 1982, p. 2107, § 40; Ga. L. 1991, p. 796, § 1.)

Editor's notes.

- The provisions of this Code section were previously enacted in substantially similar form by Ga. L. 1967, p. 3022, §§ 1-3, and Ga. L. 1981, p. 3196, § 1. However, those provisions were not enacted as part of the original Code by the Code enactment Act (Ga. L. 1981, Ex. Sess., p. 8).

Law reviews.

- For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986). For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986).

JUDICIAL DECISIONS

Cited in DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Lease to private entity prohibited absent express authority.

- Property held by a municipality for the public use and the benefit of the municipality's citizens cannot be leased to a private entity without express legislative authority in the absence of other applicable exceptions. 1992 Op. Att'y Gen. No. U92-9.


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