reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-74 - Powers and duties of board as to Heritage Trust Program

(a)
The board shall have the following powers and duties with regard to the Heritage Trust Program:
(1)
To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of heritage areas and for the selection, dedication, management, and use of heritage preserves;
(2)
To acquire heritage areas in the name of the State of Georgia as otherwise provided by law;
(3)
To advocate and approve the dedication of heritage preserves; and
(4)
To provide general supervision and direction in the protection, management, operation, and use of heritage preserves.
(b)
Notwithstanding any other provision of this Code section, the board shall not have any power of purchase, condemnation, lease, agreement, gift, or devise which would have the effect of preventing, blocking, or in any manner hindering the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-253, approved December 30, 1963.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-75 - Dedication of property as a heritage preserve

A heritage area which has been acquired by the Department of Natural Resources for the Heritage Trust Program may become dedicated as a heritage preserve after written recommendation of the board and approval by the Governor. Any other real property owned by the State of Georgia and under the custody of the department may be similarly dedicated. The written recommendation shall contain a provision which designates the best and most important use or uses to which the land is to be put. The dedication as a heritage preserve shall become effective when the written recommendation and the approval of the Governor are filed with the office of the Secretary of State. The written recommendation and the approval of the Governor shall be filed in the office of the clerk of the superior court of the county or counties in which the heritage preserve is located.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-77 - Effect on protected status of property of dedication or other action taken by board

Neither the dedication of a piece of property as a heritage preserve nor any action taken by the board pursuant to this part shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its dedication as a heritage preserve.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 3 - SUBMERGED CULTURAL RESOURCES (§§ 12-3-80 — 12-3-83) › Section 12-3-80 - "Submerged cultural resources" defined; title and exclusive right to regulate investigation, survey, and recovery; exceptions

As used in this part, the term "submerged cultural resources" means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the investigating, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia; provided, however, that the Board of Natural Resources may determine and provide by rule that certain submerged cultural resources are of no cultural or economic value to the State of Georgia such that items or areas so designated are not subject to the provisions of this part, including any permit requirements of Code Section
12-3-82
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 3 - SUBMERGED CULTURAL RESOURCES (§§ 12-3-80 — 12-3-83) › Section 12-3-81 - Department named custodian of submerged cultural resources; rules and regulations; reporting findings; duties of state archeologist

(a)
The custodian of all submerged cultural resources shall be the Department of Natural Resources. The Board of Natural Resources is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties and are necessary for the effective administration of this part.
(b)
All findings of submerged cultural resources shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.
(c)
The state archeologist shall have such duties in conducting and supervising the surveillance, protection, preservation, survey, and recovery of submerged cultural resources as he is given by Code Section
12-3-53
for similar land resources.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 3 - SUBMERGED CULTURAL RESOURCES (§§ 12-3-80 — 12-3-83) › Section 12-3-82 - Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits

(a)
Any person desiring to conduct investigation, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation.
(b)
If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource. No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the investigation, survey, protection, preservation, or recovery of other related underwater cultural resources.
(c)
Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.
(d)
A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section
12-3-52
.
(e)
The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate.
Amended by 2005 Ga. Laws 125,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 3 - SUBMERGED CULTURAL RESOURCES (§§ 12-3-80 — 12-3-83) › Section 12-3-82.1 - [Repealed] Permits for investigation, survey, or recovery of deadhead logs

Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Added by 2005 Ga. Laws 125,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 3 - SUBMERGED CULTURAL RESOURCES (§§ 12-3-80 — 12-3-83) › Section 12-3-83 - Prohibited acts constituting misdemeanor

Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 4 - NATURAL AREAS (§§ 12-3-90 — 12-3-94) › Section 12-3-90 - Short title

This article shall be known and may be cited as the "Georgia Natural Areas Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 4 - NATURAL AREAS (§§ 12-3-90 — 12-3-94) › Section 12-3-91 - Legislative findings and declaration of purpose

The General Assembly finds that there is an increasing nation-wide concern over the deterioration of man's natural environment in rural as well as urban areas; that there is a serious need to study the long-term effects of our civilization on our natural environment; that while the State of Georgia is still richly endowed with relatively undisturbed natural areas, these areas are rapidly being drastically modified and even destroyed by human activities; that it is of the utmost importance to preserve examples of such areas in their natural state, not only for scientific and educational purposes but for the general well-being of our society and its people. Therefore, it shall be the purpose and function of the Department of Natural Resources to:
(1)
Identify natural areas in the State of Georgia which are of unusual ecological significance;
(2)
Use its influence and take any steps within its power to secure the preservation of such areas in an undisturbed natural state in order that such areas may:
(A)
Be studied scientifically;
(B)
Be used for educational purposes;
(C)
Serve as examples of nature to the general public; and
(D)
Enrich the quality of our environment for present and future generations; and
(3)
Recommend areas or parts of areas for recreational use.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 4 - NATURAL AREAS (§§ 12-3-90 — 12-3-94) › Section 12-3-92 - "Natural areas" defined

As used in this article, the term "natural areas" means a tract of land in its natural state which may be set aside and permanently protected or managed for the purpose of the preservation of native plant or animal communities, rare or valuable individual members of such communities, or any other natural features of significant scientific, educational, geological, ecological, or scenic value.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 4 - NATURAL AREAS (§§ 12-3-90 — 12-3-94) › Section 12-3-93 - Powers and duties of department as to natural areas

It shall be the duty of the Department of Natural Resources under this article, and it shall have the power and authority, to:
(1)
Determine the acceptance or rejection of areas of special scientific interest that may be offered as a donation by individuals or organizations for preservation;
(2)
Make recommendations to appropriate federal agencies or national scientific organizations of areas in the state that are considered worthy to be listed as natural areas of national importance;
(3)
Prepare and publish in print or electronically an official state list of natural areas available for research and the teachings of conservation and natural history and recommend publication of studies made in connection with these areas;
(4)
Cooperate with federal agencies, other states, counties, or organizations concerned with purposes similar to those to be carried out by the department under this article; and
(5)
Take such other action as may be deemed advisable to facilitate the administration, development, maintenance, or protection of the natural area system or any part or parts thereof.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 4 - NATURAL AREAS (§§ 12-3-90 — 12-3-94) › Section 12-3-94 - Appropriation of funds to department

Any funds necessary to carry out this article shall come from funds appropriated or otherwise made available to the department for the purposes expressed in this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-110 - Short title

This article shall be known and may be cited as the "Georgia Scenic Trails Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-111 - Legislative purpose

In order to provide for the increasing outdoor recreation needs of an expanding population with an increasing amount of leisure time, in order to promote the enjoyment and appreciation of the outdoor areas of Georgia, and in order to provide for a healthful alternative to motorized travel, trails should be established in urban, suburban, rural, and wilderness areas of Georgia. Therefore, the purpose of this article is to provide for a Georgia Scenic Trails System.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-112 - "System" defined

As used in this article, the term "system" means the Georgia Scenic Trails System provided for in this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-113 - Duties and powers of department as to system; requirements as to title to land traversed by system

The Department of Natural Resources shall have the responsibility of creating a Georgia Scenic Trails System. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the system, to acquire or otherwise gain control over or rights to the use of the necessary land for the system, and to construct, manage, and maintain the system. For the purpose of carrying out its primary duties as provided in this article, the department shall be authorized to exercise any powers heretofore provided by law for the department, except for the powers of eminent domain. Notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, the department shall be authorized to expend state funds for construction, maintenance, and management of trails on lands acquired through purchase, easement, lease, or donation; provided, however, that no buildings shall be constructed on any real estate to which the State of Georgia does not hold title in fee simple, unless it is held under a quitclaim deed with a reversionary interest in the federal government or under a long-term federal license agreement with a reversionary interest in the federal government.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-115 - Construction of bicycle trails and bikeways by Department of Transportation

(a)
The Department of Transportation is authorized and directed to construct bicycle trails and bikeways in this state after the routes of such trails and bikeways have been determined by the Department of Natural Resources or by local governing authorities and approved by the Department of Transportation pursuant to this article.
(b)
Nothing contained in this Code section shall be deemed or construed to prevent local governing authorities or private associations and organizations from constructing bicycle trails in this state, provided that the power of eminent domain shall not be exercised for the acquisition or construction of such trails.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-116 - Responsibility and liability of owners of premises traversed by system

(a)
Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to hunt, fish, swim, trap, camp, hike, sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises.
(b)
Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 5 - SCENIC TRAILS (§§ 12-3-110 — 12-3-117) › Section 12-3-117 - Adoption and promulgation of rules and regulations by Board of Natural Resources

The Board of Natural Resources is authorized to adopt and promulgate such rules and regulations as may be necessary to carry out this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 1 - [REPEALED AND RESERVED] (§ 12-3-130) › Section 12-3-130 - through 12-3-133 - [Reserved]

Reserved. Repealed by Ga. L. 2001, p. 873, § 1, effective July 1, 2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 2 - FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL (§§ 12-3-150 — 12-3-153) › Section 12-3-150 - Duty of department to administer and maintain memorial

It shall be the duty of the Department of Natural Resources to proceed with the making and developing of plans for, administering, and maintaining a memorial in the vicinity of Warm Springs, Georgia, to perpetuate the memory of the late Franklin D. Roosevelt.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 2 - FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL (§§ 12-3-150 — 12-3-153) › Section 12-3-151 - Powers of department

The department shall have the following powers:
(1)
To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part;
(2)
To accept donations, grants, and subsidies from any source and use them in purchasing and improving such property as the department may deem necessary to effectuate its aims and purposes under this part;
(3)
To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable;
(4)
To acquire in the name of the state by donation or by purchase any real property or interest in real property in compliance with Article 2 of Chapter 16 of Title 50, the "State Properties Code."
(5)
To make contracts and to execute all instruments necessary or convenient for the purposes expressed in this part, including contracts for construction of such memorial and improvements thereto;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned by the department;
(7)
To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development or any similar agency, or from any state or any political subdivision, agency, or instrumentality thereof, and such loan or grant shall be upon such terms and conditions as the lending or granting body may impose;
(8)
To fix and recommend from time to time fees, rentals, and other charges for the use of the facilities and services furnished by the department; to charge and collect them; and to lease and to make contracts with any person with respect to the use of any facility or part thereof;
(9)
To do all things necessary or convenient to carry out the powers expressed in this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 2 - FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL (§§ 12-3-150 — 12-3-153) › Section 12-3-152 - Franklin D. Roosevelt Warm Springs Memorial Advisory Committee created; composition; duties of committee; officers; quorum; reimbursement for expenses; appointment of successors; terms of members

(a)
There is created the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee. The members of the committee shall consist of the members of the heretofore existing Franklin D. Roosevelt Warm Springs Memorial Commission in office on May 1, 1981, each of whom shall serve for the unexpired portion of his respective office on the commission.
(b)
The committee shall consult with and advise the Governor, the Board of Natural Resources, and the department concerning the execution of the functions conferred on the department by this part.
(c)
The committee shall elect one of its members as chairman and another as vice-chairman and shall also elect a secretary and treasurer, who need not be members of the committee.
(d)
A majority of the committee shall constitute a quorum.
(e)
No member of the committee shall be entitled to compensation, but each member shall be reimbursed from state funds for actual transportation costs while traveling by public carrier, at the legal mileage rate for use of a personal automobile, and the actual cost of lodging and meals while away from his office on official state business.
(f)
As the terms of office of members expire, successors shall be appointed by the Governor for terms of seven years and until their successors are appointed and qualified.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 2 - FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL (§§ 12-3-150 — 12-3-153) › Section 12-3-153 - Construction of part

This part shall be liberally construed to effect the purposes hereof.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 3 - TY COBB MEMORIAL (§§ 12-3-170 — 12-3-172) › Section 12-3-170 - Making and developing plans for administration and maintenance of memorial or shrine

It shall be the duty of the Department of Natural Resources to proceed with the making and developing of the plans for administering and maintaining a memorial or shrine at or in the vicinity of Royston, Franklin County, Georgia, to perpetuate the memory of the late Ty Cobb.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 3 - TY COBB MEMORIAL (§§ 12-3-170 — 12-3-172) › Section 12-3-171 - Powers of department as to memorial or shrine

The department shall have the following powers and authority under this part:
(1)
To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part;
(2)
To accept donations, grants, and subsidies from any source and use them in purchasing and improving such property as the department may deem necessary to effectuate its aims and purposes under this part;
(3)
To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable;
(4)
To provide for public admission to such memorial or shrine and to provide for revenue for maintenance and improvements by charging admissions or in other ways as may be desired, provided that all such income shall be used for the advancement of the purposes of the department under this part;
(5)
To acquire in its own name, by donation or by purchase, on such terms and conditions and in such manner as it may deem proper, in accordance with and subject to the provisions of law, real property or rights or easements therein or franchises necessary or convenient for the purposes specified in this part; and to lease, make contracts with respect to the use of, or dispose of the same in any manner as it deems best;
(6)
To make contracts and to execute all instruments necessary or convenient for the purposes expressed in this part, including contracts for construction of such memorial or shrine and improvements thereto;
(7)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned, leased, or otherwise used by the department;
(8)
To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development or any similar agency, or from any state or any political subdivision, agency, or instrumentality thereof, upon such terms and conditions as the lending or granting body may impose;
(9)
To fix and recommend from time to time fees, rentals, and other charges for the use of the facilities and services furnished by the department; to charge and collect the same; and to lease and to make contracts with any person with respect to the use of any facility or part thereof;
(10)
To provide for honorary committees of representative citizens in every section of the United States who are interested in perpetuating the name of Ty Cobb; and
(11)
To do all things necessary or convenient to carry out the powers expressed in this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 3 - TY COBB MEMORIAL (§§ 12-3-170 — 12-3-172) › Section 12-3-172 - Construction of part

This part shall be liberally construed to effect the purposes hereof.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-190 - Short title

This part may be cited as the "Stone Mountain Memorial Association Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-192 - Creation of association

(a)
There is created a body corporate and politic and instrumentality and public corporation of this state to be known as the Stone Mountain Memorial Association. It shall have perpetual existence. In such name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
(b)
The association is assigned to the Department of Natural Resources for administrative purposes only.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-192.1 - Purposes of association

The purposes of the Stone Mountain Memorial Association shall include:
(1)
To preserve the natural areas situated within the Stone Mountain Park area;
(2)
To provide access to Stone Mountain for Georgia's citizens; and
(3)
To maintain an appropriate and suitable memorial for the Confederacy.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-195 - Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due

(a)
The rentals contracted to be paid by the state or any department, agency, or institution of the state to the association under leases entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution of the state to see to the punctual payment of all such rentals.
(b)
In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this part, the association may enforce performance by any legal or equitable process against lessees, and consent is given for the institution of any such action.
(c)
The association shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the association.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-197 - Transfer of funds to association

The Governor is authorized and directed to transfer to the association, for use in acquiring Stone Mountain and the surrounding area, any available funds of the state not otherwise appropriated.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-198 - Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way

(a)
The State Transportation Board is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without the project area, as may be necessary to the relocation of any roads, streets, or highways within the property of the association. The board shall, at the expense of the Department of Transportation, relocate such roads, streets, and highways so as to conform to the plan of the association for the development and improvement of the project.
(b)
The association may grant rights of way and easements for highways and roads within the project area to the Department of Transportation. The Department of Transportation is authorized to lay out, construct, improve, and maintain any such roads and rights of way. The cost of any such undertaking shall be deemed to be a proper and legitimate expense of the Department of Transportation.
(c)
The State Transportation Board or its successors and the Department of Transportation are empowered to acquire, in any manner permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the project. The board and the department are authorized to expend any available funds for the purpose of such locating and relocating and for constructing, improving, and maintaining any such highways and roads; and the cost of any such undertaking shall be deemed a proper and legitimate expense of such board or department.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-199 - Association fund

(a)
All revenues in excess of all obligations of the association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the association for the security of bonds issued under this part, together with all receipts and gifts of every kind and nature whatsoever, shall be and become the association fund.
(b)
The association, in its discretion, shall pledge or utilize the association fund for any one or more of the following purposes:
(1)
Pledges to the payment of any bond issue requirements, or to sinking or reserve funds, as may be provided for under the terms of this part;
(2)
Payment of any outstanding unpaid bond obligations or administrative expenses;
(3)
The most advantageous obtainable purchase, redemption, and retirement of the association's bonds pursuant to privileges accorded to the association in the various issues of bonds outstanding; and
(4)
Investment or reinvestment in any of the following obligations:
(A)
Obligations of this state or other states;
(B)
Obligations issued by the United States;
(C)
Obligations fully insured or guaranteed by a United States government agency;
(D)
Obligations of any corporation of the United States;
(E)
Prime bankers' acceptances;
(F)
The local government investment pool established by Chapter 83 of Title 36, the "Local Government Investment Pool Act";
(G)
Repurchase agreements;
(H)
Obligations of other political subdivisions of this state; and
(I)
Certificates of deposit;
provided, however, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes authorized by this chapter.
(c)
After all outstanding bonds or obligations of the association issued to pay the cost of the project or any part thereof have been paid or satisfied by payment redemption and retirement, or otherwise, all revenues from the project in excess of those necessary to maintain, operate, and manage such project (including extensions, renewals, and additions thereto), unless otherwise allocated or pledged as provided in this Code section, shall be paid to the state treasury and become a part of the general funds of the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-200 - Revenue bonds - Power of association to adopt resolutions providing for and to issue bonds

The association, or any association, authority, or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the association, shall have power and is authorized at one time, or from time to time, to issue negotiable bonds in a sum not to exceed $15 million in principal amount outstanding at any one time, for the purpose of paying all or any part of the cost of the project, including the acquisition of the property authorized by paragraph (2) of Code Section
12-3-194
to be acquired by the association, in the event funds for such acquisition do not become available under Code Section
12-3-197
. The association shall also have the power to adopt all necessary and appropriate resolutions to provide for the issuance of such negotiable bonds.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-201 - Revenue bonds - Sale by public competitive bidding; determination of price and rate of interest; dating of bonds; payment of principal and interest; time of maturity

(a)
All bonds of the association shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery, provided that the association may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. All bonds of the association shall be advertised and offered prior to the fixing of the interest rates thereon; and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the association may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of bonds. The association may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding.
(b)
Bonds shall be dated, shall bear interest determined as provided in subsection (a) of this Code section, and shall be payable as to both principal and interest in such manner as may be determined by the association. The principal of and interest on such bonds shall be payable solely from the special fund provided in Code Section
12-3-212
for such payment.
(c)
Bonds shall mature not more than 25 years from the date of such bonds and may be made redeemable before maturity at the option of the association at such price or prices and under such terms and conditions as may be fixed by the association in the resolution providing for the issuance of bonds.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-202 - Revenue bonds - Form; denominations; place of payment of principal and interest; issuance in coupon or registered form

The association shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the association may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-203 - Revenue bonds - Signatures; seal

All bonds shall be signed by the chairman of the association, shall be attested by the secretary thereof, and shall bear the official seal of the association. Any coupons attached thereto shall bear the signature of the chairman of the association and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the association. Any coupon may bear the facsimile signature of such persons, and any bond may be signed, sealed, and attested on behalf of the association by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-204 - Revenue bonds - Status as negotiable instruments; tax exemption for bonds and income therefrom

All bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-205 - Revenue bonds - Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects

The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman of the association or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project, then unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit. These additional bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided in Code Section
12-3-212
for the payment of principal and interest of such bonds.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-206 - Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds

Prior to the preparation of definitive bonds, the association may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-207 - Revenue bonds - Replacement of mutilated, destroyed, or lost bonds

The association may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-208 - Revenue bonds - Immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions

Resolutions for the issuance of bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. Any resolution providing for the issuance of bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the association by a majority of its members.