Georgia Commons

Official Code of Georgia Annotated

Title 20. EDUCATION · Chapter 5. LIBRARIES · Article 2. LOCAL AND REGIONAL PUBLIC LIBRARIES · Part 2. COUNTY AND REGIONAL PUBLIC LIBRARIES

20-5-48. Ownership of library property.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Board of Regents of the University System of Georgia; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as mediator in determining ownership of property.#

  2. (b)

    Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Board of Regents of the University System of Georgia or its designee.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 20-5-48, enacted by Ga. L. 1984, p. 1005, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1986, p. 10, § 20; Ga. L. 1996, p. 167, § 11; Ga. L. 2000, p. 618, § 88.

Editor's notes

Ga. L. 1996, p. 167, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Education Reform Act of 1996.’” Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t20-ch3-18-(v17a)-2025-pdf.pdf, Volume V17A, 2025 edition, pages 482 to 483; merge action: bound only; file SHA-256 4560a0cef806.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.