Lands Acquired, Owned, Leased, Controlled, or Occupied by Local Governments Deemed for Public Purposes; Effect on Ad Valorem Taxation

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Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, so long as the interests create an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality's interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation.

(Ga. L. 1933, p. 102, § 2; Code 1933, § 11-202; Ga. L. 1983, p. 647, § 1; Ga. L. 1985, p. 1649, § 1; Ga. L. 2014, p. 824, § 1/HB 399.)

The 2014 amendment, effective April 29, 2014, substituted "so long as the interests create an estate in land" for "regardless of the extent of such interest, whether possessory or an estate in land" near the end of the first sentence.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Aviation, §§ 12 et seq., 82 et seq.

C.J.S.

- 2A C.J.S., Aeronautics and Aerospace, §§ 11 et seq., 53 et seq.

ALR.

- Air carrier's liability for injury from condition of airport premises, 14 A.L.R.5th 662.


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