Title 50, Chapter 16, Section 42
( 50-16-42)
(a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission shall have the exclusive power to negotiate, prepare, and grant in its own name, without public competitive bidding, a revocable license to any person to enter upon, extend from, cross through, over, or under, or otherwise to encroach upon any of the property under the custody and control of the commission or under the custody and control of any state agency which is subject to the requirements of Code Section 50-16-38. (b) Any grant of revocable license by the commission to any person
shall be in writing and shall contain such terms and conditions as
the commission shall determine to be in the best interest of the
state, provided that: (1) Each grant of revocable license, if not revoked prior to,
shall stand revoked, canceled, and terminated as of the third
anniversary of the date of the revocable license agreement; (2) Each grant of revocable license shall provide that, regardless
of any and all improvements and investments made, consideration
paid, or expenses and harm incurred or encountered by the
licensee, the same shall not confer upon the licensee any right,
title, interest, or estate in the licensed premises nor confer
upon the licensee a license coupled with an interest or an
easement, such grant of a revocable license conferring upon the
licensee and only the licensee a mere personal privilege revocable
by the commission, with or without cause, at any time during the
life of the revocable license; (3) Each grant of revocable license shall be made for an adequate
monetary consideration of not less than $650.00, the adequacy of
which shall be determined by the commission in considering the
factors involved in each grant, particularly for whose principal
benefit the revocable license is being granted; however, if the
commission determines that the revocable license directly benefits
the state, then any monetary consideration set by the commission
shall be deemed adequate; and (4) Any grant of revocable license shall be subject to approval by
any appropriate state regulatory agency that the proposed use of
the licensed property meets all applicable safety and regulatory
standards and requirements. (c) This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of telegraph or telephone lines. (d) This Code section shall not apply to the issuance or renewal of revocable licenses or permits for the construction and maintenance of boat docks on High Falls Lake. Such revocable licenses or permits shall be issued by the Department of Natural Resources pursuant to Code Section 12-3-34. |