§ 50-16-31. Definitions

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.

   (1.1) “Administrative space” means any space, whether existing or to be constructed, that is required by a state entity for office, storage, or special purposes and that is required for the core mission of such state entity. In order to be required, the space must be necessary for and utilized in either:

   1. The performance of the duties that the state entity is obligated by law to perform; or
   2. The delivery of the services that the state entity is authorized or required by law to provide.
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.

   (2.1) “Conveyance” means the sale or other disposition of real property including a transfer of fee simple title, lease, and easement.

3. “Deed” means either a fee simple deed without warranty or a quitclaim deed.

   (3.1) “Entities” or “entity” means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions of the state.

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:
   1. 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;
   2. All the property owned by the state in Tennessee other than that property included in subparagraph (A) of this paragraph;
   3. 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”;
   4. Any state owned real property the custody and control of which has been transferred to the commission by executive order of the Governor;
   5. 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; and
   6. Any real property interest titled in the name of the state.
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.

History. Code 1933, § 91-102A, enacted by Ga. L. 1964, p. 146, § 1; Ga. L. 1965, p. 663, § 1; Code 1933, § 91-102a, enacted by Ga. L. 1973, p. 857, § 1; Ga. L. 1975, p. 1092, § 1; Ga. L. 1982, p. 3, § 50; Ga. L. 2005, p. 100, §§ 7, 8/SB 158; Ga. L. 2014, p. 467, § 1/HB 495.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1986, the term “state owned” was substituted for “state-owned” in subparagraphs (8)(C) through (8)(E).