Improvement of Real Estate Held by State in Fee Simple With Reversionary Interest in Federal Government or Under Long-Term Federal License

  1. Law
  2. Georgia Code
  3. State Government
  4. Public Property
  5. General Provisions
  6. Improvement of Real Estate Held by State in Fee Simple With Reversionary Interest in Federal Government or Under Long-Term Federal License

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  1. As used in this Code section, the term "long-term federal license" means a license under which the state holds real estate belonging to the federal government for a period of ten years or longer.
  2. Any real estate held by the state in fee simple or under a quitclaim deed with a reversionary interest in the federal government or under a long-term federal license with a reversionary interest in the federal government may be improved with funds appropriated for a state department, provided the commissioner of the department affected and the Office of Planning and Budget, consisting of the Governor and state auditor, consent to the use of such funds if the amount of funds to be appropriated exceeds $1,000.00. If the amount of the improvement funds to be appropriated is $1,000.00 or less, the commissioner of the department shall have the authority to approve the appropriation without the approval of the Office of Planning and Budget; provided, however, nothing in this Code section shall prevent or prohibit a state department from constructing with appropriated state funds a public ramp for the launching and retrieving of watercraft and other facilities for use in connection therewith, including, but not limited to, paved parking areas and access roads, upon real estate owned by the state adjoining lakes, reservoirs, rivers, or other bodies of water available for free use by the public, the title to which real estate is burdened by a flood easement, license, permit, or reservation running in favor of an electric utility company regulated by the state or the United States, or any public corporation or authority declared by law to be an instrumentality of the state or the United States, or any agency or department of the United States; provided, further, nothing in this Code section shall prevent the expenditure of appropriated state funds to construct access roads or ways for ingress and egress or the construction or placement of utilities in, on, through, over, or under real property in which the state holds a legal interest or estate less than fee simple if the roads, ways, or utilities are constructed to serve facilities located on or to be located on real property held by the state in fee simple or under a quitclaim deed with a reversionary interest in the federal government or under a long-term federal license with a reversionary interest in the federal government.

(Ga. L. 1961, p. 47, §§ 1, 2; Ga. L. 1972, p. 927, § 1; Ga. L. 1977, p. 872, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 259 et seq.

ALR.

- How far is public property subject to mechanics' liens, 26 A.L.R. 326.


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