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2018 Georgia Code 32-7-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-7-5 Case Law from Google Scholar Amendments to OCGA 32-7-5

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 7. Abandonment, Disposal, or Leasing of Property Not Needed for Public Road Purposes, 32-7-1 through 32-7-5.

ARTICLE 8 CONTROL OF JUNKYARDS

32-7-5. Leasing property not needed for public road purposes.

  1. In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7-3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may, notwithstanding Article 2 of Chapter 16 of Title 50, the "State Properties Code," improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes.
  2. If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such property at the time of its acquisition or his successor in interest shall have the right to lease such property at an appraised fair market value to be determined by the department, county, or municipality for such period of time until the property is needed for public road or other transportation purposes. However, if at the time of acquisition such property was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such property at the appraised fair market value. If the owner, his successor in interest, or the tenant of the property does not lease such property, the department, county, or municipality shall have the right to lease such property at a price equal to the highest sealed public bid, if the bid is acceptable to the department, county, or municipality, for such period of time until the property is needed for public road or other transportation purposes. If no bids or bids which are insufficient are received, the department, county, or municipality may readvertise for new public bids. The department, county, or municipality may negotiate a lease with any state or federal agency, county, or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The department, county, or municipality shall have the right to impose reasonable restrictions, terms, or conditions on the use of such leased property.
  3. Separate and distinct from the department's authority to lease property in subsection (b) of this Code section, the department has the authority to negotiate a lease of any property contained within the rights of way of any nonlimited-access public road and not presently needed for public road purposes or rights of way under bridges or viaducts on limited-access public roads and not presently needed for public road purposes. If the department decides to lease any such property, the property shall be leased, at an appraised fair market value to be determined by the department, to the owner or the lessee of the property adjacent to the department's rights of way for the purposes of parking. Such property shall only be used for the purposes of providing parking and shall not be subleased without the department's prior approval. Plans for the use of said property must be submitted to and approved by the department prior to any construction. Regardless of any financial expenditures by the lessee, no lease granted under this subsection shall merge into and become a property interest of the lessee or a sublessee. The department shall reserve the right to terminate any lease without cause upon 30 days' written notice to the lessee. Notwithstanding any provisions of Code Section 48-2-17, all net revenues derived from the lease of any of the department's property used for the purposes of providing parking shall be utilized by the department to offset the cost of maintaining the public roads of the state.
  4. Unless said property or interest therein is leased to a tax-exempt person or body, it shall be subject to all applicable taxes, both real and personal.
  5. The department or any county or municipality may negotiate a lease with any state or federal agency, county, or municipality for the use of the property for any purpose for which the agency, county, or municipality may put property it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in this Code section.

(Code 1933, § 95A-622, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1980, p. 775, § 1; Ga. L. 1988, p. 1431, § 2.)

JUDICIAL DECISIONS

Cited in Knight v. DOT, 239 Ga. 368, 236 S.E.2d 826 (1977); Hall County Historical Soc'y, Inc. v. Georgia DOT, 447 F. Supp. 741 (N.D. Ga. 1978); DeWolff v. Fulton County, 253 Ga. 744, 325 S.E.2d 140 (1985); Swims v. Fulton County, 267 Ga. 94, 475 S.E.2d 597 (1996).

Cases Citing O.C.G.A. § 32-7-5

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Swims v. Fulton Cnty., 475 S.E.2d 597 (Ga. 1996).

Cited 3 times | Published | Supreme Court of Georgia | Sep 9, 1996 | 267 Ga. 94, 96 Fulton County D. Rep. 3223

...ible, so as to give effect to legislative intent), it is clear that intergovernmental exchange is considered a method of acquisition, not disposal. The concepts of exchange and disposal are separate and distinct, as evidenced by the language of OCGA § 32-7-5(a), which characterizes the authority to lease property as being in addition to "the authority granted in Code Section 32-7-3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property." When the DOT condemned Swims' property, it acquired a fee simple interest, Sadtler v....
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DeWolff v. Fulton Cnty., 253 Ga. 744 (Ga. 1985).

Published | Supreme Court of Georgia | Jan 29, 1985 | 325 S.E.2d 140

...lants to reacquire the excess real property at its present market value. The county argues that there is no evidence in the record that it no longer needs the subject property; and since the county has not decided to sell or lease the property, OCGA § 32-7-5 (a) allows the county to use the property for other purposes. *745Motions for summary judgment were filed by the parties....
...ounty, or municipality decides the property is no longer needed.” (Emphasis supplied.) 3. However, as argued by the county, it is not absolutely required to dispose of or sell unused property originally acquired for road purposes. In this regard, § 32-7-5 (a) provides, “In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code...
...hapter 16 of Title 50, the ‘State Properties Code,’ improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes.” (Emphasis supplied.) But, § 32-7-5 (b) provides, in pertinent part, “If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such property at the time of its acquisition *746or his successor in interest shall have t...