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2018 Georgia Code 50-16-180 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-16-180 Case Law from Google Scholar Amendments to OCGA 50-16-180

TITLE 50 STATE GOVERNMENT

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

ARTICLE 7 COMMISSION ON CONDEMNATION OF PUBLIC PROPERTY

50-16-180. Definitions.

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:
    1. The State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government;
    2. Any county, municipality, county or independent school district, or other political subdivision of the state or any agency of any such political subdivision;
    3. 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
    4. 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.

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

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).

Cases Citing O.C.G.A. § 50-16-180

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Dep't of Transp. v. City of Atlanta, 398 S.E.2d 567 (Ga. 1990).

Cited 20 times | Published | Supreme Court of Georgia | Dec 5, 1990 | 260 Ga. 699

...Other appellees are individual persons and civic groups that the trial court permitted to intervene in the litigation. This appeal chiefly involves issues concerning the constitutionality of the State Commission on the Condemnation of Public Property (the Commission). OCGA §§ 50-16-180 to 183....
...Thereafter, the General Assembly enacted certain laws to provide DOT and other state agencies with specific procedures to condemn public property. See Ga. L. 1986, pp. 1187-1196 (hereafter sometimes referred to as the Act). The relevant portions of the Act have been codified at OCGA §§ 50-16-180 to 183....
...608, 610 (372 SE2d 432) (1988), when it held that an election recall statute's "attempt to transfer the selection of the reasons to the applicant amounts to an impermissible delegation of legislative authority." Id. at 609. Similarly, the statutes at issue here, OCGA § 50-16-180 through 183, create an impermissible delegation of legislative authority because they do not comport with the Phillips, supra, standard....