Georgia State Land Right-of-Way (3-GA-b)
State Land Right-of-Way Process
3-GA-b.1 to 3-GA-b.2 — Does the Project Cross State Lands?
A developer should determine if the project requires access to state lands. If it does, the developer needs an easement from the appropriate state agency with custody over the land. The GSPC administers all state lands on behalf of the state agencies who have custody of, operate on, and/or use the state land in question. GA. Code. Ann. § 50-16-34.
3-GA-b.3 — Request an Easement from the Appropriate Agency
Once the developer has determined which agency owns the land in question, the developer needs to request an easement from the agency. The developer must submit the easement request through the appropriate agency. The GSPC directs any easement requests submitted directly to GSPC to go through the appropriate agency. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
3-GA-b.4 to 3-GA-b.5 — Review Request for Completeness
After the developer submits the request, the agency reviews the request for technical and administrative completeness before proceeding.
3-GA-b.6 to 3-GA-b.8 — Submit Easement Action Request to the Georgia State Properties Commission (GSPC)
After an agency receives an easement request, the agency must submit an Action Request to the GSPC. The GSPC then reviews the Action Request for administrative and technical completeness before proceeding with the request. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
3-GA-b.9 to 3-GA-b.11 — Appraise the Land in Question
GSPC appraises the land after receiving a completed Action Request from the appropriate agency. If the appraisal finds the easement is worth more than $100,000 then the GSPC must conduct a secondary appraisal. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
3-GA-b.12 to 3- GA-b.19 — Is the Easement Worth More Than $500,000?
The GSPC must submit the easement request to the General Assembly in a regular session if it is worth more than $500,000. The General Assembly must pass the legislation and submit it to the Governor for his/her signature. After the easement proposal is approved by the General Assembly and the Governor, the GSPC must also approve the easement proposal within the timeframe specified in the legislation. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
If the easement is worth less than $500,000, then the GSPC may send a notice of the proposed easement to:
- Legislative Counsel
- Speaker of the House
- President of the Senate
- Chairpersons of the Standing Committees of the Senate and House
- All members of the General Assembly whose legislative district contains all or a portion of the subject property.
Any legislator who receives this notice may object to the proposed easement within 30 days of the mailing of the notice of the proposed easement. If a written objection is received, then the GSPC must submit the easement proposal to the General Assembly in accordance with the same procedures for an easement worth over $500,000. If no written objection is received, then the GSPC must also approve the proposed easement. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
3-GA-b.20 — Pay the Appropriate Amount
Once the easement proposal has been approved by the GSPC, the developer must pay the amount determined by the GSPC to be an adequate monetary compensation based on the appraisal. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
3-GA-b.21 — Convey the Easement
Once the appropriate procedures have been followed and the easement request is approved, the GSPC must convey the easement to the developer by:
- Drafting or coordinating the drafting of the easement;
- Circulating and submitting of the easement for appropriate signatures
- Inventorying and forwarding copies of the final Easement document(s) to the grantee for recording; and
- The grantee should promptly return the recorded Easement to GSPC staff, who will forward the fully executed, final recorded Easement document(s) to the remaining parties involved with the request.
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