20-3-60. When properties of system may be sold, leased, or otherwise disposed of; effect of restrictions on use; works of art.

All properties owned or held by the board of regents pursuant to this chapter which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interests of the system, if the board shall first determine that such property can no longer be advantageously used in the system; provided, however, that, where any such property has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance.#

Nothing in this Code section shall prevent the board of regents from leasing laboratory and research facilities owned by the board of regents to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use.#

1. (1)

   As used in this subsection, the term “work of art” means any work of visual art. Such term includes, but is not limited to, drawings, paintings, murals, frescoes, sculptures, mosaics, films, videos, photographs, calligraphy, etchings, lithographs, offset prints, silk screens, crafts, jewelry, and mixed media, including collages, assemblages, or any combination of the foregoing art media. Such term does not include environmental landscaping placed about a state building.#

2. (2)

   Notwithstanding any other provision of law, including this Code section and Article 4 of Chapter 5 of Title 50, and upon finding that such action is in the best interests of the system and that a work of art owned or held by the board of regents can no longer be advantageously used in the system, the board of regents may:#

   1. (A)

      Sell such work of art to the highest responsible bidder for cash;#

   2. (B)

      Sell or transfer such work of art to any department, board, commission, or other agency of the State of Georgia;#

   3. (C)

      Sell such work of art, or transfer such work of art in exchange for substantial benefits, to any private nonprofit agency; or#

   4. (D)

      Dispose of such work of art as provided in Article 4 of Chapter 5 of Title 50;#

3. provided, however, that, where any such work of art has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, the board’s action under this subsection shall be in conformity with any use or trust declared in any such grant or conveyance.