TITLE 12
CONSERVATION AND NATURAL RESOURCES
Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.
ARTICLE 7
PUBLIC AUTHORITIES
12-3-249. Subdivision, improvement, lease, or sale of island by authority - Publication of schedule of lease rentals; applications exceeding available lots; leasing by negotiation; leases as constituting contracts.
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The lots in the various subdivisions created on Jekyll Island by the authority may be leased either singly or in groups deemed appropriate by the authority, only after publication of a complete schedule of the lease rentals applicable to the lots in the official organs of Glynn and Fulton counties.
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If at any time the number of acceptable applications for lots received by the authority shall exceed the number of lots available in any one of the property subdivisions created by the authority, a drawing shall be held to determine which of the acceptable applications shall be accepted by the authority for leases upon the available lots, and to determine the sequence in which they will be accepted.
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The authority may lease by negotiation any number or all of the existing buildings together with appropriate grounds, provided that the authority may lease by negotiation for commercial purposes any one or a number of the lots it shall set aside for commercial purposes; provided, further, that when in the exercise of its discretion the authority shall offer for lease groups of lots as provided for in Code Section 12-3-246, such blocks may be leased by negotiation.
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All such leases granted by the authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the authority, and the State of Georgia.
(Ga. L. 1950, p. 152, § 12; Ga. L. 1952, p. 276, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 4.)
JUDICIAL DECISIONS
Cited in
Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).
OPINIONS OF THE ATTORNEY GENERAL
Leases executed by authority not mere subleases of authority.
- Leases executed by the authority constitute contracts of lease between the individual lessees, the Jekyll Island Authority (now Jekyll Island - State Park Authority), and the state; not mere subleases of the authority. 1952-53 Op. Att'y Gen. p. 145.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Lands,
§
64 et seq.
C.J.S.
- 73B C.J.S., Public Lands,
§
249.