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2018 Georgia Code 12-3-235 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-3-235 Case Law from Google Scholar Amendments to OCGA 12-3-235

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

ARTICLE 7 PUBLIC AUTHORITIES

12-3-235. Powers of authority generally.

The authority shall have power:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of personal property for its corporate purposes;
  3. To sell, by competitive bids, and dispose of all junk, salvage, and surplus materials, together with all obsolete, unused, or surplus machinery or equipment now or in the future upon or affixed to its leasehold property; and to apply the proceeds therefrom to permanent improvements on the island;
  4. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation;
  5. To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired;
  6. To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee;
  7. To accept loans and grants, either or both, of money or materials or property of any kind from the United States or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States or such agency or instrumentality, including the Department of Housing and Urban Development, may impose;
  8. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
  9. To exercise any power usually possessed by private corporations performing similar functions, which power is not in conflict with the Constitution and laws of this state;
  10. To act as agent for the United States or any agency, department, corporation, or instrumentality thereof, in any manner coming within the purposes or powers of the authority;
  11. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
  12. To receive gifts, donations, or contributions from any person, firm, or corporation;
  13. To hold, use, administer, and expend, for any of the purposes of the authority, such sum or sums as may hereafter be received as income or as gifts or as may be appropriated by authority of the General Assembly;
  14. To do any other things necessary or proper to beautify, improve, and render self-supporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
  15. To acquire in its own name, by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part except from the funds provided under the authority of this part; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is authorized to execute, for and on behalf of the state, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and if the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority;
  16. To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes;
  17. To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to any department, board, commission, or agency of the State of Georgia to enter into contracts and lease agreements for the use of any structure, building, or facility, or a combination of any two or more structures, buildings, or facilities, of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the State of Georgia may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority;
  18. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States, the State of Georgia, or any agency or instrumentality thereof;
  19. To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
  20. To grant franchises to and make contracts with utility companies, both public and private, providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water, or sewerage services, for the use and occupancy of Jekyll Island or any part thereof, on an exclusive or nonexclusive basis; to permit the rendering of such utility services upon such conditions and for such time as the authority may deem appropriate or convenient;
  21. To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;
  22. To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided;

    (22.1) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority and located within the territorial limits of Jekyll Island, Georgia; and

  23. To charge fees to all persons, natural and artificial, using or relying upon fire protection and suppression services or public safety services provided by the authority or the Uniform Division of the Department of Public Safety, which fees and each installment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the authority in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn.

(Ga. L. 1950, p. 152, § 6; Ga. L. 1951, p. 782, § 2; Ga. L. 1960, p. 89, § 2; Ga. L. 1976, p. 1560, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1983, p. 643, § 1; Ga. L. 1983, p. 1213, § 1; Ga. L. 1984, p. 22, § 12; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 1781, § 2; Ga. L. 1995, p. 105, § 11.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "$1 million" was substituted for "$1,000,000.00" in paragraph (6).

JUDICIAL DECISIONS

Constitutionality.

- The last sentence of paragraph (23) of O.C.G.A. § 12-3-235, pertaining to the computation of the maximum annual fee, was unconstitutionally vague and indefinite; however, such finding did not render the balance of the paragraph unconstitutional. Jekyll Island-State Park Auth. v. Jekyll Island Citizens Ass'n, 266 Ga. 152, 464 S.E.2d 808 (1996).

Glynn County has no authority to require county license for sale of alcoholic beverages on Jekyll Island since the island is owned by the state and is governed by the Jekyll Island - State Park Authority. Glynn County v. Davis, 228 Ga. 588, 186 S.E.2d 872 (1972).

Cited in Crews v. Undercofler, 249 F. Supp. 13 (N.D. Ga. 1966).

OPINIONS OF THE ATTORNEY GENERAL

Authority empowered to own, operate, and expend funds for airport purposes.

- Authority has the legal authority to plan, survey, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, equip, operate, and manage an airport, and to receive and expend state and federal funds for airport purposes. 1963-65 Op. Att'y Gen. p. 671.

Department of Transportation may legally enter into airport contract with authority covering improvements to the Jekyll Island Airport. 1971 Op. Att'y Gen. No. 71-195.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 14, 59. 63C Am. Jur. 2d, Public Officers and Employees, § 230 et seq. 64 Am. Jur. 2d, Public Securities and Obligations, § 39.

C.J.S.

- 29A C.J.S., Eminent Domain, § 24 et seq., 52. 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 42, 106, 161, 166 et seq. 81A C.J.S., States, §§ 437, 443 et seq.

ALR.

- Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.

Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.

Cases Citing O.C.G.A. § 12-3-235

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Jekyll Island-State Park Auth. v. Jekyll Island Citizens Ass'n, 464 S.E.2d 808 (Ga. 1996).

Cited 15 times | Published | Supreme Court of Georgia | Jan 8, 1996 | 266 Ga. 152, 96 Fulton County D. Rep. 167

...CARLEY, Justice. The membership of the Jekyll Island Citizens Association (Association) is comprised of lessees of property on the island. The Jekyll Island-State Park Authority (Authority) is authorized to operate a fire department on the island. OCGA § 12-3-235(22). The first sentence of OCGA § 12-3-235(23) authorizes the Authority to charge fees to those who rely upon its fire protection and suppression services, and the amount of the fee that the Authority is authorized to charge is addressed in the last sentence of OCGA § 12-3-235(23), which provides: The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such...
...rvices had been provided by the County of Glynn. When the Authority increased its fee for fire services, the Association brought this action for declaratory judgment and mandamus against the Authority. The trial court found the last sentence of OCGA § 12-3-235(23) to be unconstitutional, because it fails to provide guidelines for determining the maximum annual fee. The trial court then found the remainder of OCGA § 12-3-235(23) to be unconstitutional, holding that the power to charge any fee is dependent upon the provision limiting the *810 amount thereof....
...In Case Number S95A1668, the Authority appeals and, in Case Number S95X1670, the Association cross-appeals. We consider the cross-appeal first. Case Number S95X1670 1. Contrary to the Association's contention, the Authority has standing to challenge the constitutionality of the last sentence of OCGA § 12-3-235(23). OCGA § 12-3-235(9); Caldwell v. Hosp. Auth. of Charlton County, 248 Ga. 887, 888(1), 287 S.E.2d 15 (1982). 2. The Association urges that the trial court erred in finding the last sentence of OCGA § 12-3-235(23) to be unconstitutional....
...se to whom the statute is directed and its provisions must enable them to determine the legislative intent. Hartrampf, supra at 45, 343 S.E.2d 485; Bryan v. Ga. Public Service Comm., 238 Ga. 572, 574, 234 S.E.2d 784 (1977). The last sentence of OCGA § 12-3-235(23) fails to indicate whether it is the Glynn County Board of Commissioners or the Authority that is the appropriate entity to determine the maximum annual fee....
...ovide. Finally, it cannot be determined from that sentence whether the General Assembly intended that the computation of the maximum annual fee be based on the population of Jekyll Island or that of Glynn County. Therefore, the last sentence of OCGA § 12-3-235(23) is vague and indefinite....
...s. See Lithonia Asphalt Co. v. Hall County Planning Comm., 258 Ga. 8, 364 S.E.2d 860 (1988). Compare Suddeth v. Forsyth County, 258 Ga. 773, 774(2), 373 S.E.2d 746 (1988). Accordingly, the trial court did not err in finding the last sentence of OCGA § 12-3-235(23) to be unconstitutional. Case Number S95A1668 3. The Authority contends that the trial court erred in finding the remainder of OCGA § 12-3-235(23) to be unconstitutional....
...In Collins, an unconstitutional disposition of fees did not render unconstitutional that portion of the act which substantially increased those fees. Likewise, the unconstitutionally vague and indefinite limitation on fees contained in the last sentence of OCGA § 12-3-235(23) should not render unconstitutional the remaining portion of the statute which permits the Authority to charge such fees. Moreover, even without the limitation on fees set forth in the last sentence of OCGA § 12-3-235(23), the amount of the fire service fees will not be unlimited, because the Authority cannot charge fees which substantially exceed the cost of the services. Mayor, etc., of Milledgeville v. Green, 221 Ga. 498, 501, 145 S.E.2d 507 (1965). Compare State of Ga. v. Moore, 259 Ga. 139, 142(6)(b), (7), 376 S.E.2d 877 (1989). Accordingly, the trial court erred in finding the remainder of OCGA § 12-3-235(23) to be unconstitutional. 4. Because the last sentence of OCGA § 12-3-235(23) is unconstitutional, the judgment *811 in Case Number S95X1670 is affirmed. However, because the remainder of OCGA § 12-3-235(23) can be severed from the last sentence thereof, the judgment in Case Number S95A1668 is reversed....