Acquisition of Property Within Railroad Lines Abandoned as Operating Rail Lines

  1. Law
  2. Georgia Code
  3. State Government
  4. Public Property
  5. State Properties Code
  6. Acquisition of Property Within Railroad Lines Abandoned as Operating Rail Lines

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  1. The State Properties Commission is empowered and may acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state.
  2. Such an acquisition as described in subsection (a) of this Code section shall be in the name of the state, custody in the commission, a "property" similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services. Any property owned by the state as described in subsection (a) or in subparagraph (A) of paragraph (8) of Code Section 50-16-31 shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water, without regard to whether the property is subject to a lease.
  3. Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered and may deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use.
  4. Except as otherwise provided for in this Code section, the powers set forth in subsections (a), (b), and (c) of this Code section are cumulative, and not in derogation, of other powers of the commission as set forth in the "State Properties Code."
  5. The powers set forth in subsections (a), (b), and (c) of this Code section are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government.

(Code 1981, §50-16-34.1, enacted by Ga. L. 1989, p. 1238, § 1; Ga. L. 2018, p. 944, § 4/HB 735.)

The 2018 amendment, effective July 1, 2018, added the last sentence of subsection (b).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, § 51 et seq.

C.J.S.

- 73B C.J.S., Public Lands, §§ 251, 252.


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