TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

ARTICLE 6 FOREST HERITAGE TRUST

12-6-246. Use of forest heritage preserves.

Forest heritage preserves shall be held by the state in trust for the benefit of present and future generations of people of the State of Georgia. Each forest heritage preserve shall be put to the designated use or uses that confer the best and most important benefit to the public. Forest heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:

1. A state agency, department, or authority with a direct interest in the use of a forest heritage preserve must submit in writing a petition to the commission that an imperative and unavoidable necessity for such other use exists;
2. Upon receipt of such petition, the commission shall give public hearing thereon in the county or counties in which the forest heritage preserve is located;
3. The commission shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and
4. The General Assembly shall then determine if such use is in the public interest and may by statute approve such other use of the forest heritage preserve.

(Code 1981, §12-6-246, enacted by Ga. L. 2004, p. 354, § 1; Ga. L. 2005, p. 60, § 12/HB 95.)