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2018 Georgia Code 50-16-125 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-16-125 Case Law from Google Scholar Amendments to OCGA 50-16-125

TITLE 50 STATE GOVERNMENT

Section 16. Public Property, 50-16-1 through 50-16-183.

ARTICLE 6 INVENTORY OF PROPERTY

50-16-125. Rules and regulations authorized.

The State Properties Commission is authorized and directed to promulgate such rules and regulations as may be necessary to carry out this part, provided such rules and regulations are not in conflict with this part.

(Code 1933, § 91-405a, enacted by Ga. L. 1970, p. 672, § 1; Ga. L. 1986, p. 1483, § 3; Ga. L. 2005, p. 100, § 15/SB 158.)

Editor's notes.

- Ga. L. 2005, p. 100, § 15/SB 158, redesignated former Code Section 50-16-124 as present Code Section 50-16-125.

PART 2 A NNUAL INVENTORY

50-16-140. "Proper authority" defined.

The "proper authority" referred to in this part is the Governor for all officers of the state and the county commissioners or other officers having charge of county matters for all officers of the county.

(Ga. L. 1882-83, p. 126, § 5; Civil Code 1895, § 279; Civil Code 1910, § 314; Code 1933, § 91-805.)

JUDICIAL DECISIONS

Sale of unserviceable property.

- When any public property has become unserviceable, the Governor may order the property sold. But no power conferred upon the Governor by the Code authorizes the Governor's consent to the sale of any property of the state, or any easement or interest in the state's property. The power to dispose of property belonging to the state is vested in the legislature. Western Union Tel. Co. v. Western & A.R.R., 142 Ga. 532, 83 S.E. 135 (1914).

Cited in Jackson v. Gasses, 230 Ga. 712, 198 S.E.2d 657 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Granting of easements to county.

- Governor may grant easement to county for road purposes over state property which has become unserviceable. 1945-47 Op. Att'y Gen. p. 549.

Disposal of unserviceable harvested forest products.

- If harvested forest products are unserviceable and cannot be beneficially or advantageously used for park purposes under all of the circumstances, the Governor may direct such forest products to be sold or otherwise disposed of under such restrictions and conditions which the Governor may deem advisable for the best interest and protection of the state, and the funds derived therefrom paid into the state treasury. 1950-51 Op. Att'y Gen. p. 310.

Determination of unserviceable property.

- Authority to determine whether property at Georgia Training School for Girls is unserviceable and should be disposed of is vested by the General Assembly in Governor, not the Department of Human Resources. 1962 Op. Att'y Gen. p. 400.

Discussion of circumstances under which legislative authority for sale not required.

- See 1962 Op. Att'y Gen. p. 474.

Commissioner's authority limited.

- Director of the Highway Department (now commissioner of transportation) would not have the power or authority to declare any part of a right of way upon which there is maintained a road as unserviceable. That right seems to be lodged with the Governor when dealing with state property. 1945-47 Op. Att'y Gen. p. 545.

Private individual may lease unserviceable state park.

- State park may be leased to a private individual only if the Governor determines that the park has become unserviceable to the state. 1945-47 Op. Att'y Gen. p. 330.

Ability of county commissioners to lease county property.

- See 1977 Op. Att'y Gen. No. U77-3.

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