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2018 Georgia Code 12-3-50.2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-3-50.2 Case Law from Google Scholar Amendments to OCGA 12-3-50.2

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 3 HISTORIC AREAS

12-3-50.2. Georgia Register of Historic Places.

    1. The Division of Historic Preservation of the department shall establish, maintain, and expand an inventory and register of historic places in this state, which register shall be known as the Georgia Register of Historic Places. Such register shall include:
      1. Historic property which is listed in the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. Section 470, et seq.); and
      2. Historic property which is defined as districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Natural Resources.
  2. The Division of Historic Preservation of the Department of Natural Resources shall be authorized to remove from the Georgia Register of Historic Places any property which no longer qualifies or meets the criteria for listing in such register.
  3. The Department of Natural Resources shall provide an adequate and qualified state historic preservation review board designated by the state historic preservation officer.
  4. Any person or entity may apply to the Division of Historic Preservation of the department to have property included in the Georgia Register of Historic Places. The Division of Historic Preservation of the department shall receive evidence, make investigations of such property, consult with other historic preservation experts, and obtain the recommendations of the state historic preservation review board to determine if such property should be included in the Georgia Register of Historic Places.
  5. Any person who is aggrieved or adversely affected by any order or action of the department pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §12-3-50.2, enacted by Ga. L. 1989, p. 1598, § 1; Ga. L. 1996, p. 6, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "16 U.S.C. Section 470" was substituted for "16 U.S.C. 470" in subparagraph (a)(1)(A).

Law reviews.

- For article, "The Tax Abatement Program for Historic Properties in Georgia," see 28 Ga. St. B.J. 129 (1992). For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 173 (1989).

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