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2018 Georgia Code 50-16-183 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-16-183 Case Law from Google Scholar Amendments to OCGA 50-16-183

TITLE 50 STATE GOVERNMENT

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

ARTICLE 7 COMMISSION ON CONDEMNATION OF PUBLIC PROPERTY

50-16-183. Procedure for acquisition of public property by condemnation.

  1. If the Department of Transportation; the Board of Regents of the University System of Georgia; or a state agency, acting by and through the State Properties Commission, needs to acquire public property or any interest in public property in carrying out its duties and responsibilities, such public property or interest therein may be acquired by condemnation and the power of eminent domain. The procedures to be followed in such acquisitions shall be those set forth in the laws applicable to the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, respectively, relating to the acquisition of public property or any interest therein by condemnation and the power of eminent domain. In addition to the requirements and procedures set forth in such laws, the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, shall not acquire public property or any interest therein by condemnation until such acquisition has been approved by the commission as provided in this Code section; provided, however, that the commission's approval shall not be required if the interest held by the governmental entity specified in paragraph (2) of Code Section 50-16-180 in the property is a tax lien, a mortgage, or both.
  2. The acquisition of public property or an interest therein by condemnation by the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, shall first be approved by the commission. If the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency, wishes to acquire public property or an interest therein by condemnation, it shall apply to the commission for approval of such acquisition. The commission may require the submission of such information by the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, and by the owner or representatives of the owner of the public property as the commission may reasonably require for the consideration of the application. If the commission determines that the acquisition of the public property by condemnation is reasonable, necessary, and in the public interest, it shall grant its approval for such acquisition. The determination of the commission shall be final. The commission shall make its determination within 30 days after the commission receives the information required by the commission for the consideration of the application of the state agency and in no event longer than 90 days after receipt of the application. If the commission approves the condemnation, it shall forward a resolution to that effect to the applicant seeking such approval.
  3. When the approval of the acquisition of public property or an interest therein by condemnation is granted by the commission, the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency, may acquire the public property or interest therein pursuant to the procedures specified in the applicable laws. A copy of the resolution approving the acquisition adopted by the commission shall accompany the notice of condemnation and shall accompany any condemnation petition filed in superior court.
  4. Consistent with the provisions of this article, the commission may adopt such rules and regulations as may be necessary to enable the commission to carry out effectively and efficiently the powers and duties assigned to the commission by this article. The commission may utilize the resources of any department or agency of the state, including specifically the State Properties Commission, to assist it in making any determinations required by the provisions of this article and may appoint such hearing officers or other investigators as it deems proper to receive public comment and make reports or recommendations to the commission.
  5. The commission shall not be subject to Chapter 13 of this title, known as the "Georgia Administrative Procedure Act."

(Code 1981, §50-16-183, enacted by Ga. L. 1986, p. 1187, § 1; Ga. L. 1992, p. 6, § 50; Ga. L. 2005, p. 60, § 50/HB 95.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "and" was substituted for "an" following "acting for" in the first sentence of subsection (c) and "this title" was substituted for "Title 50" in subsection (e).

JUDICIAL DECISIONS

Constitutionality.

- Authority granted the State Commission on the Condemnation of Public Property does not amount to an improper delegation of legislative power and does not violate separation-of-powers principles. DOT v. City of Atlanta, 260 Ga. 699, 398 S.E.2d 567 (1990).

Cases Citing O.C.G.A. § 50-16-183

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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

...OCGA § 50-16-182. Pursuant to the grant of this *700 power, the Commission, which is comprised of executive members of the government, is to approve the taking if it determines the taking is "reasonable, necessary, and in the public interest." OCGA § 50-16-183 (b)....
...The Act created the State Commission on the Condemnation of Public Property, comprised of the Governor, the Lieutenant Governor, the Secretary of State, the State Auditor, and the Commissioners of Agriculture, Insurance and Labor. OCGA § 50-16-181 (a). OCGA § 50-16-183 (a) provides that if the DOT or other state agencies desire to acquire public property by condemnation, the DOT or other agencies must first obtain approval from the Commission. OCGA § 50-16-183 (b) provides that: If the Commission determines that the acquisition of the public property by condemnation is reasonable, necessary, *701 and in the public interest, it shall grant its approval for such acquisition....
...The Commission is not required to hold a hearing before approving an application for condemnation. If the Commission approves the acquisition of public property by condemnation, the DOT or other agency may then acquire the public property pursuant to the procedures specified in the applicable condemnation laws. OCGA § 50-16-183 (c)....
...However, in Division 1 of this opinion we have already decided that the Act does provide sufficient guidelines. Moreover, although the Act does not require taking evidence, the Act provides that the Commission may require the submission of information from the applicable state agency that it needs to make its decision, OCGA § 50-16-183 (b), and may enact "rules and regulations as may be necessary to enable [it] to carry out" its duties, may "utilize the resources of any department or agency of the state ... to assist it in making" any of its determinations, and may appoint hearing officers and investigators "as it deems proper to receive public comment and make reports or recommendations to the commission," § 50-16-183 (d)....
...perty by condemnation and the power of eminent domain[,]" OCGA § 50-16-182, and the power and final authority to determine whether "the acquisition of the public property by condemnation is reasonable, necessary, and in the public interest[.]" OCGA § 50-16-183 (b)....
...ate Commission on the Condemnation of Public Property. OCGA § 50-16-181 (a) & (b). These officers are to be compensated for their "traveling and other actual expenses incurred in the performance of their official duties as commission members." OCGA § 50-16-183 (e)....
...Thus, in this case, assuming the existence of sufficient and specific guidelines, the function of the commission would be administrative, and the fact that some of its members were from the executive branch would be of no consequence. But here no such guidelines exist. The standard set forth in OCGA § 50-16-183 (b) — that the commission shall grant approval for acquisition of public property by condemnation where reasonable, necessary and in the public interest — provides no guidelines realistically restricting its actions....