Creation; Existence; Board Membership

  1. Law
  2. Georgia Code
  3. Revenue and Taxation
  4. Tax Sales
  5. Land Banks
  6. Creation; Existence; Board Membership

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  1. Any county, municipal corporation, or consolidated government may elect to create a land bank in accordance with subsection (b) of this Code section by the adoption of a local law, ordinance, or resolution as appropriate to the applicable counties, consolidated governments, or municipal corporations, which action specifies the following:
    1. The name of the land bank;
    2. The number of members of the board of directors, which shall consist of an odd number of board members and be not less than five board members or more than 11 board members;
    3. The initial individuals to serve as board members and the length of terms for which they will serve; and
    4. The qualifications, manner of selection or appointment, and terms of office of board members.
  2. A land bank may be created pursuant to an intergovernmental contract by any of the following and any combination of the following methods:
    1. A county and one or more municipal corporations located wholly or partially within the county;
    2. Two or more counties and one or more municipal corporations located wholly or partially within the geographical boundaries of each county;
    3. A consolidated government and one or more municipal corporations located wholly or partially within the same county as the consolidated government; or
    4. Any consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government may create a land bank as follows:
      1. Through ordinance or resolution of the governing authority of the consolidated government;
      2. Through an intergovernmental contract with another consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government; or
      3. Through an intergovernmental contract with other counties, municipal corporations, or consolidated governments creating land banks pursuant to paragraph (1), (2), or (3) of this subsection.
  3. Any intergovernmental contract creating a land bank shall specify the matters identified in subsection (a) of this Code section.
  4. Subject to the limitations of subsection (b) of this Code section, any county or municipal corporation or consolidated government may elect to join any preexisting land bank by executing the intergovernmental contract or resolution that created the land bank and such other documentation as may be necessary.
  5. A land bank shall have the power to acquire real property only in those portions of the county located outside of the geographical boundaries of a nonparticipating municipal corporation located within the county; provided, however, that a land bank may acquire real property lying within such nonparticipating municipal corporation with the consent of such municipal corporation.
  6. A school district may participate in a land bank pursuant to an intergovernmental contract provided such contract specifies any members of the board of education serving on the board of the land bank and any actions of the land bank which are subject to approval by the board of education.
  7. A land bank shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of subsection (c) of Code Section 48-4-111.

(Code 1981, §48-4-103, enacted by Ga. L. 2012, p. 1055, § 2/SB 284.)


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