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O.C.G.A. § 12-3-151 — Powers of department | Georgia Code
O.C.G.A. § 12-3-151 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 6 MEMORIALS

12-3-151. Powers of department.

The department shall have the following powers:

  1. To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part;
  2. To accept donations, grants, and subsidies from any source and use them in purchasing and improving such property as the department may deem necessary to effectuate its aims and purposes under this part;
  3. To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable;
  4. To acquire in the name of the state by donation or by purchase any real property or interest in real property in compliance with Article 2 of Chapter 16 of Title 50, the "State Properties Code."
  5. To make contracts and to execute all instruments necessary or convenient for the purposes expressed in this part, including contracts for construction of such memorial and improvements thereto;
  6. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned by the department;
  7. To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development or any similar agency, or from any state or any political subdivision, agency, or instrumentality thereof, and such loan or grant shall be upon such terms and conditions as the lending or granting body may impose;
  8. To fix and recommend from time to time fees, rentals, and other charges for the use of the facilities and services furnished by the department; to charge and collect them; and to lease and to make contracts with any person with respect to the use of any facility or part thereof;
  9. To do all things necessary or convenient to carry out the powers expressed in this part.

(Ga. L. 1946, p. 31, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 118, § 1; Ga. L. 1960, p. 1039, § 1; Ga. L. 1980, p. 593, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Department authorized to conduct concession stands at site.

- This section grants the commission (now department) full authority to conduct concession stands at the park site, provided the profits from such stands are used for the advancement of the purpose for which the commission (now department) was created. 1948-49 Op. Att'y Gen. p. 350 (see O.C.G.A. § 12-3-151).

Department may contract for firefighting equipment.

- Commission (now department) may in the commission's (now department's) discretion conclude contracts with neighboring towns for the use of the firefighting equipment if by so doing the commission (now department) may further the purposes for which the commission (now department) was created. 1948-49 Op. Att'y Gen. p. 351.

Under the authority contained in Ga. L. 1946, p. 31, §§ 3 and 4 (see O.C.G.A. §§ 12-3-151 and12-3-153), the Franklin D. Roosevelt Warm Springs Memorial Commission (now Department of Natural Resources) has the authority and power to enter into a contract with the Warm Springs Foundation, a private corporation, whereby the latter furnishes, as consideration for the use of the firefighting equipment, the necessary water supply to the department. 1948-49 Op. Att'y Gen. p. 353.

Purchases by the commission (now department) are subject to general statutory budgetary requirements, as are those of other state departments. 1950-51 Op. Att'y Gen. 442.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8 et seq., 230, 231.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 106.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.