SB 252: Real and Personal Property; conveyance of municipal property interests to independent school systems; provide

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 to acquisition and disposition of real and personal property generally, so as to provide for conveyance of municipal property interests to independent school systems; to provide for municipal replacement of such conveyed property; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and disposition of real and personal property generally, is amended by revising Code Section

36-37-6.1, relating to sale, exchange, lease, or grant of easement over property used for recreational purposes by incorporated municipalities having population greater than 300,000, as follows:

"36-37-6.1.

(a) This Code section shall be applicable to incorporated municipalities of the State of Georgia having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census.

(b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools, or other like property used primarily for recreational purposes, provided that nothing in this Code section shall have the effect of authorizing alienation where such would be in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or where such alienation would cause divesting of title to a park, playground, golf course, swimming pool, or other like property that had been dedicated to public use and not subsequently abandoned.

(c)(1) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use.

(2) All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration.

(3) Notwithstanding the provisions of subsection (b) of this Code section, all such municipalities shall have authority to lease out, grant easements over, or convey any property described in subsection (b) of this Code section to an independent school system operating in such municipality for a valuable consideration where the governing authority of such municipality and the board of such independent school system determine that such lease, easement, or conveyance is in the best interest of their respective jurisdictions and for use of the school system for educational purposes. If such property is conveyed, the governing authority of such municipality shall subsequently replace such property with one or more properties which are determined by such governing authority to be, in the aggregate, of equal or greater acreage and of substantially equivalent or greater benefit to the citizens of such municipality, taking into consideration the prevailing uses and needs of such municipality. One or more independent conveyances of property as may be agreed upon by such municipality and independent school system for the public uses set forth in subsection (b) of this Code section shall be credited against the replacement property required by this paragraph for any subsequent conveyance of property described in subsection (b) of this Code section by the municipality to the independent school system. The cumulative impact of such conveyances shall not result in a net loss of park acreage owned by such municipality."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.