GA Code § 2-10-58 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 10 - Marketing Facilities, Organizations, and Programs|Article 2 - Farmers' Markets|§ 2-10-58. Acquisition and Rental of Real Property; Format of Lease Execution; Closing of Farmers' Markets

  The Commissioner, acting for and on behalf of the department and in the name of the state, is authorized to:   Acquire, with the approval of the State Properties Commission, real property for the expansion, development, operation, and maintenance thereon of farmers' markets; and   Rent as landlord or lease as lessor without public advertising or competitive bid real property under the custody of or under rental to the department and utilized as a farmers' market for a term (period of time) commencing on the date of the instrument and not exceeding 20 years and for such use and rental and on such other terms and conditions and to such persons or other entities as he believes, following his negotiation and investigation thereof, to be in the best interests of his office, the department, and the state. The power and authority to rent and lease shall include the power and authority to sublet and sublease.     When the Commissioner acts pursuant to paragraph (1) of subsection (a) of this Code section, the title to the acquired real property shall be in the name of the State of Georgia and the custody of the real property shall be in the department.    (c) When the Commissioner acts pursuant to and under the power and authority to lease set forth in paragraph (2) of subsection (a) of this Code section, the format of the instrument execution shall be as follows:   STATE OF GEORGIA, Acting by and through its Department of Agriculture, a department within the executive branch of the state government of Georgia. By:  (signature line)  (SEAL) Name: (name of Commissioner of Agriculture) Title: Commissioner of Agriculture Attest:  (signature line)  (SEAL) Name: (name of Secretary of State) Title: Secretary of State of the State of Georgia (Department of Agriculture seal affixed here) (Great Seal of the State of Georgia affixed to this instrument) Signed, sealed, and delivered, (as to [names of Commissioner of Agriculture and Secretary of State]) in the presence of: ______________________________ Unofficial witness ______________________________ Notary public, official witness My commission expires ______________________________ (Notary public seal affixed here)   The Commissioner is further authorized to close a farmers' market. In making the determination of whether a market should be closed, the Commissioner shall consider the need for the particular market from the standpoint of the marketing of agricultural products, the convenience of farmers and consumers, the cost of operating and maintaining the market, and other relevant factors. When a farmers' market is closed by the Commissioner, custody of the real property encompassing the farmers' market may be transferred, with the approval of the Governor, from the department to the State Properties Commission by an executive order of the Governor.   (Ga. L. 1935, p. 369, § 1; Ga. L. 1956, p. 45, § 1; Ga. L. 1965, p. 661, § 1; Ga. L. 1981, p. 1354, § 10; Ga. L. 1990, p. 320, § 2.)   OPINIONS OF THE ATTORNEY GENERAL   Establishment of branch markets authorized.   - The General Assembly has invested the Commissioner with the authority to establish and operate branch farmers' markets as an auxiliary or adjunct to main farmers' markets if the Commissioner, in the exercise of a sound discretion, should determine that such a branch market is in the best interest of the state. 1945-47 Op. Att'y Gen. p. 9.    Commissioner may not lease right-of-way through farmers' market to railroad,  absent legislative authority. 1945-47 Op. Att'y Gen. p. 11.    Commissioner has broad discretion in taking necessary steps to prevent waste  or depreciation in value for lack of a ready market. 1948-49 Op. Att'y Gen. p. 427.   The Commissioner is authorized to exercise the Commissioner's discretion in determining whether or not a cold storage plant is essential in order to prevent the waste or spoilage of farm products. 1948-49 Op. Att'y Gen. p. 427.   No provision for lease with option to buy.   - Although this section relates to the leasing and other dispositions of state farmers' markets, no provision seems to be made to lease with an option to buy. 1957 Op. Att'y Gen. p. 2.   Municipal regulation.   - Business operated upon property of state farmers' market is exempted from municipal taxation and regulations of any kind except certain regulations as to police, fire, and health. 1954-56 Op. Att'y Gen. p. 494.   Transfer of closed market.   - Section does not authorize transfer of closed market to party other than the State Properties Commission. 1965-66 Op. Att'y Gen. No. 65-76.   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agriculture, §§ 20 et seq., 35 et seq. 52 Am. Jur. 2d, Markets and Marketing, § 33 et seq.   C.J.S.   - 3 C.J.S., Agriculture, §§ 158 et seq., 161 et seq.