TITLE 36 LOCAL GOVERNMENT

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ARTICLE 7 PROCEDURE FOR RESOLVING ANNEXATION DISPUTES

36-37-2. Acceptance of donations or gifts of property generally.

Each municipal corporation is authorized to receive any donations or gifts of real or personal property which may be made to it by deed of gift, will, or otherwise, subject to such conditions as may be specified in the instrument giving or donating the property, if the governing body of the municipal corporation approves of such conditions.

(Ga. L. 1892, p. 104, § 1; Civil Code 1895, § 740; Civil Code 1910, § 887; Code 1933, § 69-501.)

Law reviews.

- For article, "Cities and Towns in Georgia: A Distinction With a Difference?," see 14 Mercer L. Rev. 385 (1963).

JUDICIAL DECISIONS

Bequests for charitable purposes.

- Incorporated city of this state is authorized, under former Civil Code 1910, §§ 887 and 888 (see O.C.G.A. §§ 36-37-2 and36-37-3), to receive and apply bequest for charitable purposes. Moss v. Youngblood, 187 Ga. 188, 200 S.E. 689 (1938).

Any condition on the gift might be imposed by persons making donation that would not conflict with either constitutional or general law of state. Tillman v. Mayor of Athens, 206 Ga. 289, 56 S.E.2d 624 (1949).

Governing body of municipality receiving gift must approve conditions imposed by persons making gift; this is the sole restriction of this section. Tillman v. Mayor of Athens, 206 Ga. 289, 56 S.E.2d 624 (1949) (see O.C.G.A. § 36-37-2).

Cited in Settelmayer v. Hartsfield, 216 Ga. 246, 115 S.E.2d 520 (1960).

OPINIONS OF THE ATTORNEY GENERAL

Deed containing reversionary clause.

- Georgia Historical Commission (now Department of Natural Resources) cannot accept deed from city containing reversionary clause for land on which state funds to be used. 1962 Op. Att'y Gen. p. 395.

Reimbursement by petition sponsor for referendum costs.

- Municipalities are not authorized to receive funds from the sponsor of a petition calling for a referendum on the question of the sale of distilled spirits by the drink to reimburse the municipality for the costs and expense of holding the referendum. 1984 Op. Att'y Gen. No. 84-36.

Sale of donated property exempted from bid process.

- Disposition of real property donated to a municipality upon the approved condition for use as a hospital is excepted by O.C.G.A. § 36-37-2 from the sealed bid or auction procedure of O.C.G.A. § 36-37-6; however, the city officials must exercise the utmost good faith, fidelity and integrity to obtain the best price in any sale of the property. 1984 Op. Att'y Gen. No. U84-20.