Title 20, Chapter 5, Section 48
( 20-5-48)
(a) A clear title in fee simple to an approved site on which a
library facility is to be located shall be held by either the
library board of trustees or the county or municipality. Title to
property used for library purposes shall be vested in the library
board of trustees or in that local agency which makes the major
financial contribution toward construction costs. Notwithstanding
any provision in this part to the contrary, any facility, the title
to which currently is held by a nonprofit organization and which is
now being operated by a public library board of trustees, may
continue to be operated by that library board of trustees if the
operation of that facility by the board of trustees meets the
standards of the Office of Public Library Services of the Board of
Regents of the University System of Georgia; and the title to that
facility may remain in the hands of that nonprofit organization.
When the composition of a library system is changed or when the
library system is dissolved and the title is vested in the library
board of trustees, the Office of Public Library Services of the
Board of Regents of the University System of Georgia shall serve as
mediator in determining ownership of property. (b) Other property including, but not limited to, equipment and
materials that were purchased with state, federal, or contract funds
coming through the system budget shall be owned by the system board
of trustees and shall be placed or transferred where it is most
useful. Upon dissolution or significant structural change within
the system, such property shall be divided on a pro rata basis
according to the proportion of financial costs of property borne by
the involved parties. The library system board of trustees shall
furnish the financial and statistical information considered by the
parties attempting to reach agreement. If the parties are unable to
reach a mutually agreeable solution, the final decision of property
ownership shall be made by the Office of Public Library Services of
the Board of Regents of the University System of Georgia or its
designee. |