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2018 Georgia Code 50-16-182 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

Section 16. Public Property, 50-16-1 through 50-16-183.

ARTICLE 7 COMMISSION ON CONDEMNATION OF PUBLIC PROPERTY

50-16-182. Powers and duties.

The commission, in addition to other powers and duties set forth in this article, shall have the power and duty to approve the acquisition of public property by condemnation and the power of eminent domain by the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency.

(Code 1981, §50-16-182, enacted by Ga. L. 1986, p. 1187, § 1.)

JUDICIAL DECISIONS

Constitutionality.

- Authority granted the State Commission on the Condemnation of Public Property does not amount to an improper delegation of legislative power and does not violate separation-of-powers principles. DOT v. City of Atlanta, 260 Ga. 699, 398 S.E.2d 567 (1990).

Cases Citing O.C.G.A. § 50-16-182

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Dep't of Transp. v. City of Atlanta, 398 S.E.2d 567 (Ga. 1990).

Cited 20 times | Published | Supreme Court of Georgia | Dec 5, 1990 | 260 Ga. 699

...ion of Public Property (the Commission). OCGA §§ 50-16-180 to 183. The constitutional issues concern the grant to the Commission of the power to approve the acquisition of public property by a state agency through the power of eminent domain. OCGA § 50-16-182....
...The powers and duties granted to the members of the commission (all members of the executive branch) are legislative powers which include: "the power and duty to approve the acquisition of public property by condemnation and the power of eminent domain[,]" OCGA § 50-16-182, and the power and final authority to determine whether "the acquisition of the public property by condemnation is reasonable, necessary, and in the public interest[.]" OCGA § 50-16-183 (b)....