Title 50, Chapter 16, Section 122
( 50-16-122)
(a) As used in this Code section, the term: (1) "Real property" means any real property owned by the state and
under the custody of any state official, department, board,
bureau, commission, or other state agency, except public road,
street, and highway rights of way and other real property held by
the Department of Transportation pursuant to Ga. L. 1919, p. 242,
art. 5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1;
Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258, Section 1;
and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. Also
expressly excluded from the meaning of "real property," as used in
this Code section, is all real property held by the Board of
Regents of the University System of Georgia and owned by the
following public corporations: the Georgia Building Authority, the
Georgia Building Authority (Hospital), the Georgia Building
Authority (Markets), the Georgia Building Authority (Penal), the
Georgia Education Authority (University), the Georgia Ports
Authority, the Jekyll Island--State Park Authority, and the Stone
Mountain Memorial Association. (2) "Department" means any state official, department, board,
bureau, commission, or other state agency having custody of state
owned real property. (b) All real property, the ownership of which is either acquired or
disposed of by the state or any department thereof after March 30,
1990, shall be subject to the following requirements: (1) Except as otherwise provided by law and except as otherwise
required by the nature of the transaction conveying real property
to the state or any department thereof, the title to all real
property acquired shall be in the name of the state; but the
conveyance shall have written or printed thereon in the upper
right-hand corner of the initial page thereof the name of the
department for which acquired who is the custodian thereof; (2) The original of any conveyance acquiring real property shall
be filed in the office of the State Properties Commission within
30 days after being recorded in the office of the clerk of the
superior court of the county or counties wherein the real property
is located. When the conveyance is presented to the State
Properties Commission for filing, it shall be accompanied by four
copies of the recorded plat of the real property conveyed. The
State Properties Commission shall index and affix both the
commission's stamp and the assigned real property inventory number
on the recorded original of the conveyance and all copies of the
recorded plat and shall retain the recorded original of the
conveyance and two copies of the recorded plat as a part of the
permanent real property inventory records kept by such commission;
but an exact copy of the recorded original of the conveyance shall
be produced by the State Properties Commission and, along with a
copy of the recorded plat, forwarded by such commission to the
department acquiring the real property; (3) When real property is acquired by eminent domain and is
conveyed to the state by court order or judgment, following
recording of the court order or judgment in the deed book records
in the office of the clerk of the superior court of the county or
counties wherein the real property is located, a certified copy of
the recorded court order or judgment, along with four copies of
the recorded plat of the real property conveyed, shall be filed in
the office of the State Properties Commission. The State
Properties Commission shall index and affix both the commission's
stamp and the assigned real property inventory number on the
certified copy of the recorded court order or judgment and all
copies of the recorded plat and shall retain the certified copy
and two copies of the recorded plat as a part of the permanent
real property inventory records kept by such commission; but an
exact copy of the certified copy of the recorded court order or
judgment shall be produced by the State Properties Commission and,
along with a copy of the recorded plat, forwarded by such
commission to the department acquiring the real property; (4)(A) The original of any fully executed conveyance disposing
of real property, except an Act or Resolution Act of the General
Assembly, shall be filed in the office of the State Properties
Commission before being delivered to the purchaser thereof for
recording in the office of the clerk of the superior court of
the county or counties wherein the real property is located.
When the conveyance is presented to the State Properties
Commission for filing, it shall be accompanied by four copies of
the plat of the real property conveyed. Though it is
encouraged, it is not required that the plat be either already
recorded in or eligible to be recorded in the plat book records
in the office of the clerk of the superior court of the county
or counties wherein the real property is located. The
commission shall index and affix both the commission's stamp and
the assigned real property inventory number on the original of
the conveyance and all copies of the plat. The State Properties
Commission shall then cause the conveyance to be duplicated.
The duplicate of the conveyance and two copies of the plat shall
be retained by the State Properties Commission as a part of the
permanent real property inventory records kept by such
commission. The original of the conveyance and a copy of the
plat shall be delivered to the purchaser of the real property.
Upon receiving the original of the conveyance and a copy of the
plat, the purchaser of the real property may then have the
original of the conveyance and, if necessary and eligible for
recording, the copy of the plat recorded in the office of the
clerk of the superior court of the county or counties wherein
the real property is located. (B) The General Assembly may vary or authorize the variance of
the requirements of subparagraph (A) of this paragraph in any
enactment, including an Act or Resolution Act, authorizing or
directing a disposition of real property; and (5) When real property is conveyed by an Act or Resolution Act of
the General Assembly, the State Properties Commission shall obtain
from the office of the Secretary of State a certified copy of the
Act or Resolution Act and retain the same as a part of the
permanent real property inventory records kept by such commission.
As a part of such retention, the State Properties Commission shall
index and affix both the commission's stamp and the assigned real
property inventory number on the certified copy of the Act or
Resolution Act. (c) The documents which are required to be maintained by the State
Properties Commission as a part of the permanent real property
inventory records kept by such commission, as provided by paragraphs
(2) through (5) of subsection (b) of this Code section, shall be
used by the State Properties Commission in such manner as it shall
determine best in maintaining the real property inventory. |