O.C.G.A. § 12-3-243 (2019)
Subdivision, improvement, lease, or sale of island by authority - Limitations on developed area; beaches to remain free and open; protected areas; disposition of proceeds of sale; creation of reserve fund; signing conveyances
(a)(1)(A) The authority is empowered to convert no more than 1,675 acres of the total land area of Jekyll Island into developed land. All residual acreage shall forever be retained as undeveloped area. For purposes of this subparagraph, the 1,597 acres of Jekyll Island that, as of January 1, 2014, have been subdivided, leased, or improved according to the 2013 master plan shall be deemed as already converted to developed land.
(B) After July 1, 2014, undeveloped area shall be converted to developed land only as follows:
(i) Twelve acres to be used solely for the expansion of the existing campground;
(ii) Forty-six acres to be used solely for public health, public safety, or public recreation. As used in this division, the term ‘‘public recreation’’ specifically excludes residential and commercial development; and
(iii) Twenty acres to be available for unrestricted uses.
(C) After July 1, 2014, the proposed conversion of any undeveloped area to developed land shall be subject to the amendment procedure outlined in subsection (c) of Code Section 12-3-243.1.
(2)(A) The authority may survey, subdivide, and lease any acreage which may be converted to developed land in accordance with paragraph (1) of this subsection, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island shall never be leased but shall be kept free and open for the use of the people of this state.
(B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be retained as undeveloped area, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the
CONSERVATION & NATURAL RES.
island on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007.
(b) The authority shall deduct and retain as income from the amounts received for any sales of lots the value of its leasehold estate in such property, which shall be determined by agreement between the authority and the Governor. The remainder of such amounts shall be paid into the state treasury to the credit of the general fund. Ninety percent of the income received by the authority from the sale of lots shall be paid into a reserve fund to be set up by the authority to be used for general improvements or capital improvements, or both, on Jekyll Island.
(c) All conveyances for the sale of lots shall be signed by the authority on its own behalf and by the Governor on behalf of the state.
History
Ga. L. 1950, p. 152, § 10; Ga. L. 1952, p. 276, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 2; Ga. L. 1957, p. 608, § 2; Ga. L. 1971, p. 452, § 1; Ga. L. 1995, p. 105, § 12; Ga. L. 2007, p. 711, § 7/HB 214; Ga. L. 2014, p. 64, § 2/HB 715; Ga. L. 2014, p. 69, § 2/SB 296.
Annotations
Code Commission notes. - Pursuant to Code Section 28-9-5, in 2007, ‘‘May 30, 2007’’ was substituted for ‘‘the effective date of this subparagraph’’ in subparagraph (a)(2)(B) three times. Editor’s notes. - Ga. L. 2007, p. 711, § 1/HB 214, not codified by the General Assembly, provides: ‘‘The Georgia General Assembly finds that Jekyll Island is home to some of the state’s most treasured nat-
ural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia’s largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the
remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia’s citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island’s property, the state will thereby help to secure and encourage future investments
and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as ‘Georgia’s Jewel,’ and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia.’’
Law reviews. - For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 1 (2014).
OPINIONS OF THE ATTORNEY GENERAL Mean high tide controls. - Jekyll Island State Park Authority does not have discretion to adopt the ‘‘65/35 Task Force’’ Recommendation to the extent that it uses a measurement reference point other than Mean High Tide. Any proposal to modify the 1996 Master Plan so as to increase
substantially the measured land area of the island be thoroughly evaluated in a public process and finally adopted only after the General Assembly has been given the opportunity to weigh in on the proposal. 2013 Op. Att’y Gen. No. 13-2.
RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Lands, § 64.
C.J.S. - 73B C.J.S., Public Lands, §§ 294, 295.