Ga. Comp. R. & Regs. R. 391-1-8-.07 - Conveyance of Heritage Preserves to Local Governments

(1) A local government that desires to acquire fee simple title to a Heritage Preserve shall:

(a) Consult with the Division within the Department with operational responsibility for the Heritage Preserve; and

(b) If the Division with operational responsibility for the Heritage Preserve supports the conveyance of fee simple title of the Heritage Preserve to the local government, the local government will work with the Division and the Department's real estate office to draft a perpetual conservation easement consistent with the best and most important uses established in the document dedicating the Heritage Preserve and any other conservation values or restrictions identified by the Department as applicable to the property; and

(c) The local government will work with the State Properties Commission to determine the good and valuable consideration to the State for the conveyance.

(2) Once the local government and the Department agree upon the form of the conservation easement, the Department shall submit a written request to the Board to approve the conveyance of the Heritage Preserve to the local government by removing the heritage preserve dedication from the property and conveying the property to the local government subject to the grant of a perpetual conservation easement to the State of Georgia.

(a) With the exception of historic homes located on three acres or less of real property and designated by the Secretary of the Interior as National Historic Landmarks, the written request from the Department to the Board shall include the following information:

1. A statement identifying the Heritage Preserve and setting forth the reasons the Department supports the removal of the heritage preserve and the subsequent conveyance of the property to the local government;

2. An adopted resolution by the local governing body approving the proposed conveyance;

3. An adopted resolution by the local governing body acknowledging that it is prohibited from assigning any interest it may acquire in the property to a private individual or entity;

4. An adopted resolution by the local governing body agreeing that it will not enter into an operational agreement with a third party that conveys a real property interest;

5. A statement from the local government explaining its intended uses for the property; and

6. A copy of the draft conservation easement.

(b) For historic homes located on three acres or less of real property and designated by the Secretary of the Interior as National Historic Landmarks, the written request from the Department to the Board shall include the following information:

1. A statement identifying the Heritage Preserve and setting forth the reasons the Department supports the removal of the heritage preserve and the subsequent conveyance of the property to the local government;

2. An adopted resolution by the local governing body approving the proposed conveyance;

3. A statement from the local government explaining its intended uses for the property; and

4. A copy of the draft conservation easement.

(3) Upon receipt of the Department's written request to convey a Heritage Preserve to a local government, the Board will hold a public hearing at a regularly scheduled Board meeting. The public hearing will be conducted consistent with the Board's routine meeting procedures for receiving public comments.

(4) If the Board determines that the removal of the heritage preserve dedication from the property and its conveyance to the local government subject to a conservation easement is in the best interest of the State, the Board shall adopt a resolution removing the heritage preserve dedication effective the date the Governor signs the quitclaim deed conveying the property to the local government. The Board shall then follow its regular procedures relating to the disposition of real property and the acquisition of a conservation easement.

(5) If the Board determines that the removal of the heritage preserve dedication from the property is not in the best interest of the State, the Board shall not remove the heritage preserve dedication and the Heritage Preserve shall not be conveyed to the local government.

(6) If the General Assembly and the State Properties Commission approve the conveyance of the property to the local government, the Department will file with the Secretary of State and the office of the clerk of the superior court of the county or counties in which the property is located a notice of the removal of the heritage preserve dedication simultaneously with the recording of the conservation easement in the real property records of the county or counties in which the property is located.

(7) The local government shall pay all costs associated with the disposition of real property that the Department routinely requires the grantee to pay and all costs associated with the acceptance of a conservation easement that the Department routinely requires the grantor to pay.

(8) The Department and the local government may independently negotiate the terms and conditions of a transfer of all or part of the personal property located at the Heritage Preserve from the Department to the local government.

Notes

Ga. Comp. R. & Regs. R. 391-1-8-.07

O.C.G.A. §§ 12-3-74, 12-3-76.

Original Rule entitled "Conveyance of Heritage Preserves to Local Governments" adopted. F. Jun. 30, 2011; eff. July 20, 2011. Note: Correction of non-substantive typographical error in History, "Original Rule entitled "Definitions" adopted." corrected to "Original Rule entitled "Conveyance of Heritage Preserves to Local Governments" adopted." Eff. Feb. 24, 2016. Amended: F. Feb. 4, 2016; eff. Feb. 24, 2016.