2010 Georgia Code
TITLE 12 - CONSERVATION AND NATURAL RESOURCES
CHAPTER 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION
ARTICLE 7 - PUBLIC AUTHORITIES
PART 1 - JEKYLL ISLAND--STATE PARK AUTHORITY
§ 12-3-247 - Subdivision, improvement, lease, or sale of island by authority -- Conditions on sale of residential lots; sale of commercial property; sale price; payment of state's share into state treasury
. Subdivision, improvement, lease, or sale of island by authority -- Conditions on sale of residential lots; sale of commercial property; sale price; payment of state's share into state treasury
(a) The authority shall not sell any residential lot unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, and such a sale shall be made only to the person who shall hold such lease, his or her assignee, or assigns. No conveyance of the fee simple title to any residential lot shall be made until the lessee of such lot has performed all the obligations regarding the improvement and erection of structures on the lot as are imposed by the lease.
(b) The authority shall not sell any commercial property on which improvements were erected prior to March 1, 1957; and the authority shall not sell any other commercial property unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, in which event the commercial property may be sold in the same manner as provided by this part for the sale of leased residential lots.
(c) All sales of residential lots and commercial property shall be made at the conversion price set by the authority in accordance with Code Section 12-3-250
, provided that any person who purchases any residential lot sold by the authority shall be entitled to credit on the purchase price to the extent of all payments made by him or his assignors or predecessors in interest on such lease, provided that such credit shall not exceed the purchase price of such lot. If such credit shall equal the purchase price for such lot, the lessee shall be entitled to a conveyance of the fee simple title to such lot, and the authority shall thereupon pay into the state treasury an amount equal to the value of the state's interest in such property as determined as provided in Code Section 12-3-249
. The authority shall establish proper reserves to ensure that funds will be available for such purpose.
(c.1) On and after May 30, 2007, the authority shall not enter into, extend, or renew any agreement providing for the sale of any residential or commercial lot on Jekyll Island, and Code Section 12-3-250
shall not apply to any new, extended, or renewed agreement.
(d) No credit shall be allowed to purchasers of commercial property for any prior rental payments.
Graham Syfert - Jacksonville Lawyer