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2018 Georgia Code 36-37-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-37-1 Case Law from Google Scholar Amendments to OCGA 36-37-1

TITLE 36 LOCAL GOVERNMENT

Chapter 37 information not found

ARTICLE 7 PROCEDURE FOR RESOLVING ANNEXATION DISPUTES

36-37-1. Devises, gifts, and grants of property for parks or other public purposes.

  1. By appropriate conveyance, any person may devise, give, or grant to any municipal corporation of this state, in fee simple or in trust, or to other persons as trustees, lands dedicated by such conveyance in perpetuity to the public use as a park, pleasure ground, or for other public purpose. By such conveyance, any person may also devise, give, or grant in perpetuity to such corporations or persons other property, real or personal, for the development, improvement, and maintenance of such property.
  2. Any municipal corporation or other persons, natural or artificial, as trustees, to whom such devise, gift, or grant is made may accept the same in behalf of and for the benefit of the public. The municipal corporation or trustees shall have the right to improve, embellish, and ornament the land so granted as a public park or for other public use. Every municipal corporation to which such conveyance is made shall have the power, by appropriate police provision, to protect the public in the use and enjoyment thereof.

(Ga. L. 1905, p. 117, §§ 1, 2; Civil Code 1910, §§ 890, 891; Code 1933, §§ 69-504, 69-505.)

Cross references.

- Further provisions regarding gifts of property or money to counties and municipalities for playground or recreation purposes, § 36-64-6.

Law reviews.

- For comment on Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 2 Ga. St. B.J. 487 (1966). For comment on Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970), as to reversion of a charitable trust designed to operate on a segregated basis rather than application of cy pres, see 22 Mercer L. Rev. 493 (1971).

JUDICIAL DECISIONS

Public character of a park requires that the park be treated as a public institution subject to the command of U.S. Const., amend. 14. Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966). For comment, see 2 Ga. St. B.J. 487 (1966).

When the testator's intent to create racially segregated city park could not legally be carried out, application of cy pres doctrine reverting land to heirs was not unconstitutional. Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970). For comment, see 22 Mercer L. Rev. 493 (1971).

Cited in Evans v. Abney, 224 Ga. 826, 165 S.E.2d 160 (1968).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 470 et seq. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, §§ 6, 7.

C.J.S.

- 63 C.J.S., Municipal Corporations, §§ 1143, 1146, 1150.

ALR.

- Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.

Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 A.L.R.3d 736.

Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.

Cases Citing O.C.G.A. § 36-37-1

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Jefferson v. Zant, 431 S.E.2d 110 (Ga. 1993).

Cited 66 times | Published | Supreme Court of Georgia | Jun 28, 1993 | 263 Ga. 316, 93 Fulton County D. Rep. 2365

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Sons of Confederate Vets. v. Henry Cnty. Bd. of Commissioners (two Cases), 315 Ga. 39 (Ga. 2022).

Cited 42 times | Published | Supreme Court of Georgia | Oct 25, 2022

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Thelen v. State, 526 S.E.2d 60 (Ga. 2000).

Cited 31 times | Published | Supreme Court of Georgia | Feb 14, 2000 | 272 Ga. 81, 2000 Fulton County D. Rep. 595

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Mitchell v. State, 301 Ga. 563 (Ga. 2017).

Cited 18 times | Published | Supreme Court of Georgia | Jun 26, 2017 | 802 S.E.2d 217

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Payne v. State, 291 S.E.2d 226 (Ga. 1982).

Cited 17 times | Published | Supreme Court of Georgia | Apr 21, 1982 | 249 Ga. 354

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Grimes v. State, 293 Ga. 559 (Ga. 2013).

Cited 15 times | Published | Supreme Court of Georgia | Sep 9, 2013 | 748 S.E.2d 441, 2013 Fulton County D. Rep. 2834

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Robinson v. State, 435 S.E.2d 207 (Ga. 1993).

Cited 13 times | Published | Supreme Court of Georgia | Oct 12, 1993 | 263 Ga. 424, 93 Fulton County D. Rep. 3634

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Anglin v. State, 863 S.E.2d 148 (Ga. 2021).

Cited 12 times | Published | Supreme Court of Georgia | Sep 21, 2021 | 312 Ga. 503