O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-3-232 (2019)

Creation of authority as instrumentality of state and public corporation; delegation of powers and duties; duration of existence

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) There is created a body corporate and politic to be known as the Jekyll Island - State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years. (b) The authority is assigned to the Department of Natural Resources for administrative purposes only.

History

Ga. L. 1950, p. 152, § 2; Ga. L. 1951, p. 782, § 1; Ga. L. 1963, p. 391, § 2; Ga. L. 1972, p. 1015, § 1519; Ga. L. 2007, p. 711, § 3/HB 214.

Annotations

Cross references. - Effect of assignment for administrative purposes, § 50-4-3.

JUDICIAL DECISIONS Waiver of immunity to state court actions. - O.C.G.A. §§ 12-3-232 and 12-3-275 waived a state park authority’s immunity to suits in state court but not in federal court. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983). Eleventh Amendment immunity. - Consent to suit in state court does not necessarily waive Eleventh Amendment immunity. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983). Eleventh Amendment bars a 42 U.S.C. § 1983 federal civil rights claim against a state park authority, which, although a

public corporation, is closely controlled by the state; a suit against the authority is effectively a suit against the state. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983). 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 Aaron v. Jekyll Island-State Park Authority, 348 Ga. App. 332, 822 S.E.2d 829 (2019).

OPINIONS OF THE ATTORNEY GENERAL Authority is not required to obtain dairy processing plant license to oper-

ate an ice cream parlor. 1958-59 Op. Att’y Gen. p. 5.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 42, 43.

C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, §§ 17 et seq., 73.

CONSERVATION & NATURAL RES.

Notes of Decisions
Cited in 2 cases, 1983–2019 · leading case: Diane FOUCHE, Plaintiff-Appellant, v. the JEKYLL ISLAND-STATE PARK Auth., Defendant-Appellee, 713 F.2d 1518 (11th Cir. 1983).
Sort: Relevance Newest Treatment
Diane FOUCHE, Plaintiff-Appellant, v. the JEKYLL ISLAND-STATE PARK Auth., Defendant-Appellee, 713 F.2d 1518 (11th Cir. 1983). · cites it 3× “” O.C.G.A. § 12-3-232(a). This waiver language should be read in conjunction with the provision of O.”
Angelita Aaron v. Jekyll Island State Park Auth. a/k/a Jekyll Island Auth. d/b/a Summer Waves Water Park (Ga. Ct. App. 2019). · cites it 2× “”) and OCGA § 12-3-232 (a) (“There is created a body corporate and politic to be known as the Jekyll Island--State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and…”
— 12-3-232(a) — 1 case
Diane FOUCHE, Plaintiff-Appellant, v. the JEKYLL ISLAND-STATE PARK Auth., Defendant-Appellee, 713 F.2d 1518 (11th Cir. 1983). “” O.C.G.A. § 12-3-232(a). This waiver language should be read in conjunction with the provision of O.”
— 12-3-232(b) — 1 case
Diane FOUCHE, Plaintiff-Appellant, v. the JEKYLL ISLAND-STATE PARK Auth., Defendant-Appellee, 713 F.2d 1518 (11th Cir. 1983). “” O.C.G.A. § 12-3-232(a). This waiver language should be read in conjunction with the provision of O.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.