O.C.G.A.

O.C.G.A. § 32-7-4 (2019)

Procedure for disposition of property

✓ 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)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. In the event that all or a portion of the property subject to disposition is a roadway located in a subdivision with a duly formed property owner’s association, the notice for that roadway portion of the property within such subdivision may be provided to the association in lieu of the individual owners of abutting land. The notice shall be in writing delivered to the appropriate owner or association or by publication if the owner’s or association’s address is unknown; and the owner or the association, as applicable, shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the available public records, the address of any interested party

cannot be found, a record of the facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and documenting the search, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for a price no less than 15 percent under the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $75,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 30 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or munici359

pality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the state. Property shall be listed for a period of at least 30 days. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia to establish the fair market value of the property prior to listing such property. If the highest offer received to purchase is less than the appraised value but within 15 percent of such value, the department, county, or municipality may accept such offer and convey the property in accordance with the provisions of subsection (c) of this Code section. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting that shall be open to the public, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in newspapers, on the Internet, or in magazines relating to the sale of real estate or similar publications.

(C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. If the highest offer received to purchase is less than the appraised value but within 15 percent of such value, the department, county, or municipality may accept such offer and convey the property in accordance with the provisions of subsection (c) of this Code section. (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by approval of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller.

History

Code 1933, § 95A-621, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 16A; Ga. L. 1995, p. 1195, § 1; Ga. L. 2008, p. 726, § 1/SB 444; Ga. L. 2009, p. 8, § 32/SB 46; Ga. L. 2015, p. 1072, § 3/SB 169; Ga. L. 2015, p. 1358, § 1/HB 477; Ga. L. 2018, p. 372, § 6/SB 445. The 2018 amendment, effective July 1, 2018, inserted ‘‘a price no less than 15 percent under’’ in the middle of the second sentence of subparagraph (a)(2)(A); substituted the present provisions of subparagraph (b)(2)(A) for the former provisions, which read: ‘‘Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia to establish the fair market value

of the property prior to listing such property. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting that shall be open to the public, and public comments shall be allowed at such meeting regarding such sale.’’; inserted ‘‘newspapers, on the Internet, or in’’ in the middle of subparagraph (b)(2)(B); and substituted ‘‘If the highest offer received to purchase is less than the appraised value but within 15 percent of such value, the department, county, or municipality may accept such offer and convey the property in accordance with the provisions of subsection (c) of this Code section’’ for ‘‘Such property shall not be sold at less than its fair market value’’ in subparagraph (b)(3)(A).

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, ‘‘paragraph’’ was substituted for ‘‘paragraphs’’ in subparagraph (b)(1)(A). Pursuant to Code Section 28-9-5, ‘‘paragraph (1) of this subsection’’ was substituted for ‘‘the preceding paragraph’’ in the first sentence of paragraph (a)(2). Law reviews. - For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).

JUDICIAL DECISIONS Intergovernmental exchanges not governed by disposal provisions. - Exchange of condemned property between the Department of Transportation and a county did not require application of the notice requirements and repurchase rights of O.C.G.A. § 32-7-4. Swims v. Fulton County, 267 Ga. 94, 475 S.E.2d 597 (1996). Offer to original owner of property acquired, then rezoned. - If a county or municipality acquires land for public road purposes, rezones the land in a manner increasing the land’s value, and then decides to sell the property, the county or municipality has decided that the property was no longer needed for public road purposes at the time of the rezoning and, thus, the property must be offered to the original owner based on the land’s value under the land’s pre-rezoning classifica-

tion. DeWolff v. Fulton County, 253 Ga. 744, 325 S.E.2d 140 (1985). Landowner’s dismissal of claim against county barred claim that county failed to comply with § 32-7-4. - Because a landowner dismissed all the claims alleged against a county, a claim that the county improperly abandoned a public road due to the county’s failure to comply with O.C.G.A. § 32-7-4 had also been relinquished. McRae v. SSI Dev., LLC, 283 Ga. 92, 656 S.E.2d 138 (2008). Application. - Trial court properly granted summary judgment to a county and purchaser because the prior owner of the property condemned by the county never had a binding contract with the county to re-purchase a remnant, unused portion and there was no conflict between O.C.G.A. §§ 32-7-3, 32-7-4, and 36-9-3(h) and the county’s code amendment. Hubert

Props., LLP v. Cobb County, 318 Ga. App. 321, 733 S.E.2d 373 (2012). Cited in Hall County Historical Soc’y, Inc. v. Georgia DOT, 447 F. Supp. 741

(N.D. Ga. 1978); Turner v. City of Tallapoosa, 289 Ga. 138, 709 S.E.2d 211 (2011).

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1985–2023 · leading case: Hubert Props., LLP v. Cobb Cnty., 733 S.E.2d 373 (Ga. Ct. App. 2012).

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Hubert Props., LLP v. Cobb Cnty., 733 S.E.2d 373 (Ga. Ct. App. 2012). · cites it 8× “Hubert contends that the trial court erred by holding that the County properly disposed of the remnant tract of land under OCGA § 36-9-3 (h) instead of under OCGA § 32-7-3 and OCGA § 32-7-4. OCGA § 36-9-3 (h) provides: Notwithstanding any provision of this Code section or of any…”

Swims v. Fulton Cnty., 475 S.E.2d 597 (Ga. 1996). · cites it 4× “Swims’ complaint alleged that prior to its conveyance to Fulton County, the DOT was required by OCGA § 32-7-4 to give Swims notice that the property would not be used for the purpose for which it was condemned and that he had a statutory right to reacquire the property pursuant…”

Turner v. City of Tallapoosa, 709 S.E.2d 211 (Ga. 2011). · cites it 2× “3 See OCGA § 32-7-4. This ambiguity, however, would not necessarily defeat the deed under the facts of this case.”

McRae v. SSI Dev., LLC, 656 S.E.2d 138 (Ga. 2008). · cites it 2× “However, in 2004 McRae voluntarily dismissed all of her claims against Glynn County. Contrary to McRae’s contention, the trial court properly recognized the legal effect of that dismissal and its removal from this case of any issue regarding the abandonment of Gordon Retreat as…”

James Emory, Inc. v. Twiggs Cnty., Ga., 883 F. Supp. 1546 (M.D. Ga. 1995). · cites it 2× “However, the legal question of whether notice was due plaintiff pretermits the factual one of whether notice was in fact received — was plaintiff an individual entitled to notice pursuant to O.C.G.A. § 32-7-4(b) (1991)? That code section provides that a county may declare a…”

J. P. Smartt, Jr. v. Temple Smartt Eldridge (Ga. Ct. App. 2023). · cites it 14× “when it sold the Surplus Property to Temple in violation of OCGA § 32-7-4. In August 2020, Temple filed a motion for partial summary judgment and in September 2020, J.”

Fowler Off. Park, LLC v. Greenprints All., Inc. (Ga. Ct. App. 2023). · cites it 12× “In support of its summary judgment rulings, the trial court found that Fowler did not have a binding contract with the Department, that the Department was authorized to abandon the sale of the property under OCGA § 32-7-4 (b) (1) (A), and that Fowler had failed to show tortious…”

Hubert Props., LLP v. Cobb Cnty., Georgia (Ga. Ct. App. 2012). · cites it 10× “Hubert Properties contends that the trial court erred by holding that the County properly disposed of the remnant tract of land under OCGA § 36-9-3 (h) instead of under OCGA § 32-7-3 and OCGA § 32-7-4. OCGA § 36-9-3 (h) provides: Notwithstanding any provision of this Code…”

DeWolff v. Fulton Cnty., 325 S.E.2d 140 (Ga. 1985). · cites it 7× “In this suit, the appellants are seeking a writ of mandamus against Fulton County, arguing that OCGA § 32-7-4 requires the county to allow the appellants to reacquire the excess real property at its present market value.”

— 32-7-4(b) — 1 case

James Emory, Inc. v. Twiggs Cnty., Ga., 883 F. Supp. 1546 (M.D. Ga. 1995). “However, the legal question of whether notice was due plaintiff pretermits the factual one of whether notice was in fact received — was plaintiff an individual entitled to notice pursuant to O.C.G.A. § 32-7-4(b) (1991)? That code section provides that a county may declare a…”

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.