Title 50, Chapter 16, Section 7
( 50-16-7)
(a) As used in this Code section, the term "long-term federal
license" means a license under which the state holds real estate
belonging to the federal government for a period of ten years or
longer. (b) Any real estate held by the state in fee simple or under a
quitclaim deed with a reversionary interest in the federal
government or under a long-term federal license with a reversionary
interest in the federal government may be improved with funds
appropriated for a state department, provided the commissioner of
the department affected and the Office of Planning and Budget,
consisting of the Governor and state auditor, consent to the use of
such funds if the amount of funds to be appropriated exceeds
$1,000.00. If the amount of the improvement funds to be
appropriated is $1,000.00 or less, the commissioner of the
department shall have the authority to approve the appropriation
without the approval of the Office of Planning and Budget; provided,
however, nothing in this Code section shall prevent or prohibit a
state department from constructing with appropriated state funds a
public ramp for the launching and retrieving of watercraft and other
facilities for use in connection therewith, including, but not
limited to, paved parking areas and access roads, upon real estate
owned by the state adjoining lakes, reservoirs, rivers, or other
bodies of water available for free use by the public, the title to
which real estate is burdened by a flood easement, license, permit,
or reservation running in favor of an electric utility company
regulated by the state or the United States, or any public
corporation or authority declared by law to be an instrumentality of
the state or the United States, or any agency or department of the
United States; provided, further, nothing in this Code section shall
prevent the expenditure of appropriated state funds to construct
access roads or ways for ingress and egress or the construction or
placement of utilities in, on, through, over, or under real property
in which the state holds a legal interest or estate less than fee
simple if the roads, ways, or utilities are constructed to serve
facilities located on or to be located on real property held by the
state in fee simple or under a quitclaim deed with a reversionary
interest in the federal government or under a long-term federal
license with a reversionary interest in the federal government. |