Title 50, Chapter 16, Section 31
( 50-16-31)
As used in this article, the term: (1) "Acquire," "acquisition," and "acquiring" mean the obtaining
of real property by any method including, but not limited to,
gift, purchase, condemnation, devise, court order, and exchange. (2) "Commission" means the State Properties Commission created by Code Section 50-16-32. The commission was formerly known as the State Properties Control Commission and is the successor in law to the State Properties Control Commission, State Properties Acquisition Commission, and the Mineral Leasing Commission. (3) "Deed" means either a fee simple deed without warranty or a
quitclaim deed. (4) "Lease" means a written instrument under the terms and
conditions of which one party (lessor) out of its own estate
grants and conveys to another party or parties (lessee) an estate
for years retaining a reversion in itself after such grant and
conveyance. (5) "Mineral resources" means, but is not limited to, sand,
sulfur, phosphate, oil, and gas. (6) "Person" means any individual; general or limited partnership;
joint venture; firm; private, public, or public service
corporation; association; authority; fiduciary; governmental body,
instrumentality, or other organization of the state; county of the
state; municipal corporation of the state; political subdivision
of the state; governmental subdivision of the state; and any other
legal entity doing business in the state. (7) "Power," "empower(ed)," "authority," and "authorized" are
synonymous and when each is used it shall include the other, the
same as if the other had been fully expressed. When the
commission has the power or is empowered, it has the authority and
is authorized. "Authorized" and "may" shall imply discretion and
not requirement. (8) "Property" means: (A) The Western and Atlantic Railroad including all the property
associated with the railroad as of December 26, 1969, unless the
same has otherwise been provided for by Act or resolution of the
General Assembly; (B) All the property owned by the state in Tennessee other than
that property included in subparagraph (A) of this paragraph; (C) The state owned property facing Peachtree, Cain, and Spring
streets in the City of Atlanta, Fulton County, Georgia, upon
which the Governor's mansion once stood and which is commonly
referred to and known as the "Henry Grady Hotel property" or
"old Governor's mansion site property"; (D) Any state owned real property the custody and control of
which has been transferred to the commission by executive order
of the Governor; and
(E) Any state owned real property the custody and control of
which has been transferred to the commission by an Act or
resolution of the General Assembly without specific instructions
as to its disposition. (9) "Rental agreement" means a written instrument the terms and
conditions of which create the relationship of landlord and
tenant. Under such relationship no estate passes out of the
landlord and the tenant has only usufruct. (10) "Revocable license" means the granting, subject to certain
terms and conditions contained in a written revocable license
agreement, to a named person or persons (licensee), and to that
person or persons only, of a revocable personal privilege to use a
certain described parcel or tract of the property to be known as
the licensed premises for a named purpose. Regardless of any and
all improvements and investments made, consideration paid, or
expenses and harm incurred or encountered by the licensee, a
revocable license shall not confer upon the licensee any right,
title, interest, or estate in the licensed premises, nor shall a
revocable license confer upon the licensee a license coupled with
an interest or an easement. A revocable license may be revoked,
canceled, or terminated, with or without cause, at any time by the
licensor (commission). (11) "Revocable license agreement" means a written instrument
which embodies a revocable license and which sets forth the names
of the parties thereto and the terms and conditions upon which the
revocable license is granted. (12) "State" means the State of Georgia. (13) "State agency" or "state agencies" means any department, division, bureau, board, commission, including the State Properties Commission created by Code Section 50-16-32, or agency within the executive branch of state government. (14) "Terms and conditions" shall include stipulations,
provisions, agreements, and covenants. |