---
title: O.C.G.A. § 32-10-5. Conveyance of property to authority.
collection: code
id: 32-10-5
cite_as: O.C.G.A. § 32-10-5 (2025)
canonical_url: https://georgiacommons.org/code/32-10-5
md_url: https://georgiacommons.org/code/32-10-5.md
text_url: https://georgiacommons.org/code/32-10-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t32-(v23a)-2019-pdf.pdf?sfvrsn=b4b1408c_0#page=418
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: HIGHWAYS, BRIDGES, AND FERRIES / PUBLIC AUTHORITIES / GEORGIA HIGHWAY AUTHORITY / GENERAL PROVISIONS
---

# O.C.G.A. § 32-10-5. Conveyance of property to authority.

(a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time, or may be used upon completion of any action committed to the authority by this article, as a state road, a county road, or an urban road. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration.

(b) The governing authority of any political subdivision of this state, which for the purpose of this title is a county or an incorporated municipality of this state, is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein for any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a county road or an urban road if conveyed by a county or as an urban road if conveyed by an incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivision and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-6.

(c) The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as above-provided to the authority.

## History

Ga. L. 1955, p. 124, § 6; Ga. L. 1967, p. 385, § 6; Code 1933, § 95A-1206, enacted by Ga. L. 1973, p. 947, § 1.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1991, in subsection (b) ‘‘subdivision’’ was substituted for ‘‘subdivisions’’ in the next-to-last sentence and a comma was inserted following ‘‘However’’ in the last sentence; and, in subsection (c), ‘‘above-provided’’ was substituted for ‘‘above provided’’.