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

O.C.G.A. § 50-16-180 (2019)

Definitions

✓ 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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As used in this article, the term:

(1) ‘‘Commission’’ means the State Commission on the Condemnation of Public Property created by Code Section 50-16-181.

(2) ‘‘Public property’’ means any real property located within the State of Georgia in which a legal or equitable interest is held by:

(A) The State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government;

(B) Any county, municipality, county or independent school district, or other political subdivision of the state or any agency of any such political subdivision;

(C) Any public authority or other public corporation which is a body politic of the state or of any county, municipality, or other political subdivision of the state; or

(D) Any governmental body or governmental entity of this state not covered by subparagraph (A), (B), or (C) of this paragraph.

(3) ‘‘State agency’’ means the State of Georgia; any department, division, board, bureau, commission, or other agency of the executive branch of state government, excluding the Department of Transportation and the Board of Regents of the University System of Georgia, which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain; or any state authority which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain.

History

Code 1981, § 50-16-180, enacted by Ga. L. 1986, p. 1187, § 1.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, the subsection designation ‘‘(a)’’ was deleted since

this Code section contains no subsection (b).

Law reviews. - For annual survey of local government law, see 43 Mercer L. Rev. 317 (1991).

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Dep't of Transp. v. City of Atlanta, 398 S.E.2d 567 (Ga. 1990).
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Dep't of Transp. v. City of Atlanta, 398 S.E.2d 567 (Ga. 1990). · cites it 12× “The constitutional issues concern the grant to the Commission of the power to approve the acquisition of public property by a state agency through the power of eminent domain. OCGA § 50-16-182. Pursuant to the grant of this *700 power, the Commission, which is comprised of…”
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