SB252: SB252 Real and Personal Property; conveyance of municipal property interests to independent school systems; provide

25 LC 44 3164S Senate Bill 252 By: Senators Halpern of the 39th, Orrock of the 36th, McLaurin of the 14th, Esteves of the 35th, Goodman of the 8th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to1 acquisition and disposition of real and personal property gener ally, so as to provide for2 conveyance of municipal property interests to independent schoo l systems; to provide for3 municipal replacement of such conveyed property; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and8 disposition of real and personal property generally, is amended by revising Code Section9 36-37-6.1, relating to sale, exchange, lease, or grant of easem ent over property used for10 recreational purposes by incorporated municipalities having population greater than 300,000,11 as follows:12 "36-37-6.1.13 (a) This Code section shall be applicable to incorporated muni cipalities of the State of14 Georgia having a population of more than 300,000 according to the United States decennial15 census of 1960 or any future such census.16 S. B. 252 - 1 - 25 LC 44 3164S (b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of17 any real or personal property comprising parks, playgrounds, go lf courses, swimming18 pools, or other like property used primarily for recreational purposes, provided that nothing19 in this Code section shall have the effect of authorizing alienation where such would be in20 derogation of rights, duties, and obligations imposed by prior deed, contract, or like21 document of similar import or where such alienation would cause divesting of title to a22 park, playground, golf course, swimming pool, or other like pro perty that had been23 dedicated to public use and not subsequently abandoned.24 (c)(1) All such municipalities shall have authority to lease out and grant easements over25 property used primarily for recreational purposes to others consistent with general park26 and recreational purposes for a period not exceeding 50 years a nd for a valuable27 consideration. Any such recreational property which was former ly used for annual28 regional fair purposes but is no longer so used may be leased by any such municipality29 to one or more private entities for terms of not more than 50 years each for development30 and use as motion picture and television production, processing , and related facilities31 together with all such support and service facilities as are necessary or convenient to such32 use.33 (2) All such municipalities shall have authority to enter into contracts and renewals and34 extensions of contracts for the cooperative operation, maintena nce, cooperative35 management, and funding of property which in no way limits the governance or the36 policy role of said municipalities which property is used prima rily for recreational37 purposes consistent with general park and recreational purposes , for periods not38 exceeding ten years and for a valuable consideration.39 (3) Notwithstanding the provisions of subsection (b) of this C ode section, all such40 municipalities shall have authority to lease out, grant easemen ts over, or convey any41 property described in subsection (b) of this Code section to an independent school system42 operating in such municipality for a valuable consideration where the governing authority43 S. B. 252 - 2 - 25 LC 44 3164S of such municipality and the board of such independent school s ystem determine that44 such lease, easement, or conveyance is in the best interest of their respective jurisdictions45 and for use of the school system for educational purposes. If such property is conveyed,46 the governing authority of such municipality shall subsequently replace such property47 with one or more properties which are determined by such governing authority to be, in48 the aggregate, of equal or greater acreage and of substantially equivalent or greater49 benefit to the citizens of such municipality, taking into consideration the prevailing uses50 and needs of such municipality. One or more independent convey ances of property as51 may be agreed upon by such municipality and independent school system for the public52 uses set forth in subsection (b) of this Code section shall be credited against the53 replacement property required by this paragraph for any subsequ ent conveyance of54 property described in subsection (b) of this Code section by th e municipality to the55 independent school system. The cumulative impact of such conveyances shall not result56 in a net loss of park acreage owned by such municipality."57 SECTION 2.58 All laws and parts of laws in conflict with this Act are repealed.59 S. B. 252 - 3 -