--- title: SB 252. Real and Personal Property; conveyance of municipal property interests to independent school systems; provide collection: bills id: 2025-2026/sb252 cite_as: SB 252, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb252 md_url: https://georgiacommons.org/bills/2025-2026/sb252.md text_url: https://georgiacommons.org/bills/2025-2026/sb252/text source_url: https://www.legis.ga.gov/legislation/70783 date: 2025-05-14 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb251.md next: https://georgiacommons.org/bills/2025-2026/sb253.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1274 omitted_url: https://georgiacommons.org/bills/2025-2026/sb252.md?full=1 bill_number: SB 252 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-14 last_action: Effective Date 2025-07-01 sponsors: - Sonya Halpern - Nan Orrock - Josh McLaurin - Jason Esteves - Russ Goodman - Clint Dixon - Betsy Holland text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB252/2025 upstream_id: 1983849 summaries_model: claude-sonnet-5 topic_tags: - municipal property - public parks - school facilities - local government law - land use --- # SB 252. Real and Personal Property; conveyance of municipal property interests to independent school systems; provide ## Text 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 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 252 lets Georgia's largest cities (those with more than 300,000 people) sell, lease, or grant easements over park and recreational land to independent school systems, as long as the city later replaces that land. ### Plain-language summary Current Georgia law (O.C.G.A. § 36-37-6.1) lets big cities, those with more than 300,000 residents under the 1960 census or later counts, sell, lease, or grant easements over parks, playgrounds, golf courses, and swimming pools for recreational purposes, with protections against losing dedicated public parkland. This bill adds a new option: such a municipality can lease, grant an easement over, or convey (transfer ownership of) that recreational property to an independent school system operating within the city, if both the city government and the school board agree it serves their best interests and the school system will use it for education. If the property is actually conveyed (not just leased), the city must replace it with other land of equal or greater acreage and similar or greater benefit to residents. Earlier land swaps between the city and school system can count toward that replacement requirement, and the law requires that these deals never cause a net loss of park acreage citywide. ### What it does - Adds a new authority letting large Georgia municipalities (population over 300,000) convey, lease, or grant easements over park and recreational property directly to independent school systems operating in the city. - Requires that any conveyed property be replaced by the municipality with land of equal or greater acreage and similar or greater benefit to residents. - Allows earlier property conveyances between the city and school system to count as credit against future replacement obligations. - Requires that the combined effect of these property transfers never produce a net loss of park acreage owned by the municipality. - Keeps in place existing rules protecting dedicated public parks from being sold off in ways that violate prior deeds or abandon their public use. ### Who it affects This applies to Georgia's largest cities (currently only Atlanta meets the population threshold), their independent school systems, and residents who use municipal parks, playgrounds, golf courses, and swimming pools that could be transferred for school use. ### Why it matters City leaders and school boards in Georgia's biggest municipalities gain a formal legal path to swap or transfer park land for school facilities, potentially speeding development of school buildings, but the acreage replacement rule means residents are meant to keep the same overall amount of parkland even as specific parcels change hands. ### Key provisions - Section 1 rewrites O.C.G.A. § 36-37-6.1(c)(3) to authorize municipalities with over 300,000 residents to lease, grant easements over, or convey recreational property to an independent school system for a valuable consideration. - The transfer requires mutual agreement that it serves the best interests of both the municipality and the school system and that the property will be used for educational purposes. - If land is conveyed outright, the municipality must replace it with property of equal or greater acreage and equal or greater benefit to residents, considering the city's current uses and needs. - Prior independent conveyances between the city and school system can be credited toward the replacement requirement for later conveyances. - The cumulative effect of these transactions may not result in a net loss of park acreage owned by the municipality. - Section 2 repeals any conflicting laws. ## Status - Status: Passed (2025-05-14) - Last action: Effective Date 2025-07-01 (2025-05-14) - Sponsors: Sonya Halpern, Nan Orrock, Josh McLaurin, Jason Esteves, Russ Goodman, Clint Dixon, Betsy Holland - Official page: https://www.legis.ga.gov/legislation/70783 > The history, votes, and amendments (1,274 characters) are at https://georgiacommons.org/bills/2025-2026/sb252.md?full=1