O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-80-18 (2019)

Environmental assessment required prior to acquiring real property for recreational area; continuing assessment

✓ 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) A county, municipality, local board of education, or public authority created by local or general law may not accept a gift of or otherwise acquire real property which is intended to be used for a park or recreational area unless, prior to such acceptance or acquisition, such political subdivision or authority retains an environmental health engineer for a phase 1 environmental assessment to examine the property for contaminants, hidden methane gas, and similar hazards which would be dangerous to public use of such property and receives a report regarding any discovered dangers. If such report discloses significant dangers, the property shall not be accepted or acquired unless the danger is eliminated; otherwise, such property may be accepted or acquired.

(b) At least every 20 years after property has been accepted or acquired pursuant to subsection (a) of this Code section, the political subdivision or authority shall retain an environmental health engineer to retest the property for hazards.

History

Code 1981, § 36-80-18, enacted by Ga. L. 1999, p. 556, § 1.

Annotations

JUDICIAL DECISIONS Cited in Ware v. Henry County Water & Sewerage Auth., 258 Ga. App. 778, 575 S.E.2d 654 (2002).

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Ware v. Henry Cnty. Water & Sewerage Auth., 575 S.E.2d 654 (Ga. Ct. App. 2002).
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Ware v. Henry Cnty. Water & Sewerage Auth., 575 S.E.2d 654 (Ga. Ct. App. 2002). · cites it 2× “And we do not read OCGA § 36-80-18, which requires that an environmental impact assessment be performed prior to the acquisition of real property for parks or recreational use, as preempting this condemnation proceeding, as the'Patricks contend.”
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.