HB1415: HB1415 Stone Mountain Memorial Association; hold all real property obtained before January 1, 1971, in trust; require
Last action May 11, 2026 · Effective Date 2026-07-01
House Bill 1415 changes how the Stone Mountain Memorial Association can sell land, requiring it to hold in trust any real property it acquired before January 1, 1971, and generally barring sales of that property except for public road right of way.
In plain language
Georgia law already restricted certain state authorities, including the Stone Mountain Memorial Association and the Jekyll Island State Park Authority, from selling real property except when land was needed for a public road right of way. This bill rewrites that law (O.C.G.A. § 50-16-3.1) to spell out separate rules for each authority. For Stone Mountain, it specifically targets real property the association acquired before January 1, 1971: that land must be held in trust for the benefit of Georgia citizens, and the association cannot sell it unless the sale is necessary for a public road right of way. The bill also updates the association's general powers (O.C.G.A. § 12-3-194) so that any sale of real property is subject to these new trust prohibitions, requires the association to keep an inventory of its real property, follow existing state recordkeeping rules for acquiring or selling property, and send any proceeds from a permitted sale back to the association for its official purposes.
What the bill does
- Requires the Stone Mountain Memorial Association to hold all real property it acquired before January 1, 1971, in trust for the benefit of Georgia citizens.
- Prohibits the association from selling that pre-1971 property except when the sale is necessary for a public road right of way.
- Amends the association's general property powers so any real property sale must comply with the new trust rules in O.C.G.A. § 50-16-3.1.
- Requires the association to maintain an inventory of its real property in line with existing state law (O.C.G.A. § 50-16-121).
- Requires that money from any permitted sale of real property be sent back to the association for purposes consistent with its authorizing law.
- Keeps the existing rule that the Jekyll Island State Park Authority cannot sell real property except for public road right of way, now stated as its own separate provision.
Who it affects
The Stone Mountain Memorial Association, which manages Stone Mountain Park and its surrounding land, and by extension Georgia residents who use or have an interest in that land as a public trust asset. The Jekyll Island State Park Authority is also referenced, since it shares the same statute governing state authority land sales.
Why it matters
The change creates a specific legal shield around land the association has held since before 1971, meaning that older park property cannot be sold off except for narrow road-related purposes. This affects how much flexibility the association has to sell or repurpose parts of Stone Mountain's land in the future.
Key provisions
- Section 1 amends O.C.G.A. § 12-3-194(3) so the association's power to acquire, hold, lease, and dispose of property is subject to the sale prohibitions now in O.C.G.A. § 50-16-3.1(b).
- Section 1 adds requirements that the association keep a real property inventory, follow existing acquisition and sale recordkeeping rules, and remit sale proceeds back to the association.
- Section 2 rewrites O.C.G.A. § 50-16-3.1 to separate the rules for the Jekyll Island State Park Authority and the Stone Mountain Memorial Association into distinct subsections.
- Section 2 specifies that only Stone Mountain property acquired before January 1, 1971, must be held in trust and cannot be sold except for a public road right of way.
- Section 3 repeals any conflicting laws.
Status timeline
- Effective Date 2026-07-01
- Act 456
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
Show full history (15 actions)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Devan Seabaugh (R, HD-034)
- Steven Sainz (R, HD-180)
- Reynaldo Martinez (R, HD-111)
- Mary Oliver (D, HD-084)
- Billy Mitchell (D, HD-088)
- Alan Powell (R, HD-033)
- Drew Echols (R, SD-049)
Votes
- House voteMarch 6, 2026
138 yea, 24 nay (4 not voting, 11 absent)
- Senate voteMarch 31, 2026
47 yea, 0 nay (1 not voting, 6 absent)
Topics
- Stone Mountain Park
- public land trust
- state property sales
- Stone Mountain Memorial Association
- Georgia land use law