2020 Georgia Code
Title 50 - State Government
Chapter 16 - Public Property
Article 3 - Governor's Powers Generally
§ 50-16-61. General Supervision and Office Assignment
The Governor shall have general supervision over all property of the state with power to make all necessary regulations for the protection thereof, when not otherwise provided for. He shall assign rooms in the capitol to all officers who are required to hold their offices there and, in the absence of any legislative provision, designate the purpose to which other rooms shall be applied.
(Orig. Code 1863, § 71; Code 1868, § 65; Code 1873, § 62; Code 1882, § 62; Civil Code 1895, § 123; Civil Code 1910, § 146; Code 1933, § 91-402.)
Cross references.- Authority of Legislative Services Committee with regard to assignment of space in state capitol, § 28-4-2.
JUDICIAL DECISIONS
Protection of state property.
- Governor has no right to contract away the state's property at the Governor's pleasure or discretion. It is the Governor's duty to protect the property of the state, but the Governor is not given any authority to sell the state's property, or to contract with reference thereto. Western Union Tel. Co. v. Western & A.R.R., 142 Ga. 532, 83 S.E. 135 (1914).
Allocating use of state-owned water bottoms.
- State owns fee simple title to the foreshore on navigable tidal waters and, as a result, owns the river's water bottoms up to the high water mark and may regulate the use of these tidelands for the public good. Dorroh v. McCarthy, 265 Ga. 750, 462 S.E.2d 708 (1995).
Member of highway board could not be forcibly removed from office under authority of this section; a public office is a franchise, and not a mere tangible combination of rooms, tables, books, and papers, and loss of the physical possession of such tangible property does not necessarily dispossess the officer of the intangible franchise entrusted by law to the individual as a public officer. Patten v. Miller, 190 Ga. 105, 8 S.E.2d 776 (1940).
Cited in Womack v. U.S. Fid. & Guar. Co., 85 Ga. App. 564, 69 S.E.2d 812 (1952); Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980).
OPINIONS OF THE ATTORNEY GENERAL
Governor's limited authority.
- Authority given in this section is broad enough to give the Governor power to insure property for the protection of the state, but this section is not broad enough to give the right or authority to insure property for the protection of others. Since the state is not liable to suit without the state's consent, and is not liable for the torts of the state's officers, agents, and employees, unless made so by law, there does not appear to be any legal duty resting on the state to insure the state's operations for protection of others. 1945-47 Op. Att'y Gen. p. 550.
Protection of property is a matter within duties of Governor. 1945-47 Op. Att'y Gen. p. 542.
Allocating use of state-owned waterbottoms.
- In managing tidelands, the Department of Natural Resources acts under the authority of O.C.G.A. § 50-16-61 and the Department's employment of the extension of property lines method of allocating use of state-owned waterbottoms may be generally acceptable, but rigid adherence to such a policy when the policy denies deep water access to a riparian or littoral owner, may cause inequitable results. 1993 Op. Att'y Gen. No. 93-25.
Sale of property or granting of permanent easement.- This section is not construed to authorize the general sale of property, such sale of state property must be specifically authorized by the General Assembly; therefore, if the Governor does not have the authority to sell any real estate belonging to the state, the Governor would also be without power to encumber such real estate by the grant of a permanent easement across the real estate. 1948-49 Op. Att'y Gen. p. 230.
Power to grant easement to utility company.- Governor is empowered to grant an easement to the Georgia Power Company for the purpose of erecting poles to be used in transmitting electric current to the state prison, if the Governor so desires. 1948-49 Op. Att'y Gen. p. 349.
Department of Human Resources does not have authority to grant easement over state property for sewer installation by county since any such disposition of state property is the exclusive province of the General Assembly. 1962 Op. Att'y Gen. 404.
Procedure for transfers of property between departments.- Governing board of the department wishing to relinquish control over the property should forward a resolution to the Governor requesting the transfer and stating that the property can no longer be used advantageously by that department; the Governor should also be furnished with a resolution from the proposed department-transferee, stating that it is willing to accept and advantageously use the property in accordance with a specifically stated purpose. 1967 Op. Att'y Gen. No. 67-75.
