Revocable License Agreements Without Competitive Bidding Authorized; Terms and Conditions; Telephone Lines Construction Provisions Unaffected; Exception

  1. Law
  2. Georgia Code
  3. State Government
  4. Public Property
  5. State Properties Code
  6. Revocable License Agreements Without Competitive Bidding Authorized; Terms and Conditions; Telephone Lines Construction Provisions Unaffected; Exception

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  1. Notwithstanding any provisions and requirements of law to the contrary, the commission shall have the exclusive power to negotiate, prepare, and grant in its own name, without public competitive bidding, a revocable license to any person to enter upon, extend from, cross through, over, or under, or otherwise to encroach upon any of the property under the custody and control of the commission or under the custody and control of any state agency which is subject to the requirements of Code Section 50-16-38.
  2. Any grant of revocable license by the commission to any person shall be in writing and shall contain such terms and conditions as the commission shall determine to be in the best interest of the state, provided that:
    1. Each grant of revocable license, if not revoked prior to, shall stand revoked, canceled, and terminated as of the third anniversary of the date of the revocable license agreement;
    2. Each grant of revocable license shall provide that, regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the licensee, the same shall not confer upon the licensee any right, title, interest, or estate in the licensed premises nor confer upon the licensee a license coupled with an interest or an easement, such grant of a revocable license conferring upon the licensee and only the licensee a mere personal privilege revocable by the commission, with or without cause, at any time during the life of the revocable license;
    3. Each grant of revocable license shall be made for an adequate monetary consideration of not less than $650.00, the adequacy of which shall be determined by the commission in considering the factors involved in each grant, particularly for whose principal benefit the revocable license is being granted; however, if the commission determines that the revocable license directly benefits the state, then any monetary consideration set by the commission shall be deemed adequate; and
    4. Any grant of revocable license shall be subject to approval by any appropriate state regulatory agency that the proposed use of the licensed property meets all applicable safety and regulatory standards and requirements.
  3. This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of telephone lines.
  4. This Code section shall not apply to the issuance or renewal of revocable licenses or permits for the construction and maintenance of boat docks on High Falls Lake.Such revocable licenses or permits shall be issued by the Department of Natural Resources pursuant to Code Section 12-3-34.

(Code 1933, § 91-109A.1, enacted by Ga. L. 1971, p. 578, § 1; Code 1933, § 91-109.1A, as redesignated by Ga. L. 1972, p. 429, § 1; Code 1933, § 91-109a, enacted by Ga. L. 1973, p. 857, § 1; Ga. L. 1975, p. 1092, § 1; Ga. L. 1990, p. 1489, § 1; Ga. L. 1993, p. 396, § 2; Ga. L. 2012, p. 847, § 12/HB 1115; Ga. L. 2015, p. 828, § 3/HB 104.)

The 2012 amendment, effective July 1, 2012, deleted "telegraph or" preceding "telephone" near the end of subsection (c).

The 2015 amendment, effective July 1, 2015, deleted "and particularly notwithstanding the requirements of Code Section 50-16-39" following "contrary" near the beginning of subsection (a).

Editor's notes.

- Ga. L. 1993, p. 396, § 3, effective July 1, 1993, not codified by the General Assembly, provided: "Under the provisions of law in effect on January 1, 1993, and contained in Code Section 50-16-42, any owner or lessee of property abutting the high-water mark of a state owned lake at a state park who wishes to build a boat dock on such lake must obtain a revocable license from the state at a cost of not less than $650.00. It is the purpose of this Act to provide a different method of allowing the construction of boat docks on High Falls Lake at a more reasonable cost to adjoining property owners and to provide a source of funds to operate the High Falls Lake docks permitting program."

JUDICIAL DECISIONS

Cited in Murphy v. State, 233 Ga. 681, 212 S.E.2d 839 (1975).


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