2025 Code of Georgia
Title 6 - Aviation (Chs. 1 — 5)
Chapter 3 - Powers of Local Governments as to Air Facilities (Arts. 1 — 3)
Article 2 - Powers of Local Governments as to Air Facilities (§§ 6-3-20 — 6-3-28)
§ 6-3-21. Lands acquired, owned, leased, controlled, or occupied by local governments deemed for public purposes; effect on ad valorem taxation

Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, so long as the interests create an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality’s interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation.

History

Ga. L. 1933, p. 102, § 2; Code 1933, § 11-202; Ga. L. 1983, p. 647, § 1; Ga. L. 1985, p. 1649, § 1; Ga. L. 2014, p. 824, § 1/HB 399.

Annotations

Notes

Amendments.

The 2014 amendment, effective April 29, 2014, substituted “so long as the interests create an estate in land” for “regardless of the extent of such interest, whether possessory or an estate in land” near the end of the first sentence.

JUDICIAL DECISIONS

Airports of state are invested with character of governmental institutions. Mayor of Savannah v. Lyons, 54 Ga. App. 661, 189 S.E. 63, 1936 Ga. App. LEXIS 723 (1936).

Operation of airport is a governmental function, not a business. — County was not subject to occupancy taxes under the City Code for its revenue-generating activities at the airport because its operation of the airport qualified as a governmental function, not a business. The county’s operation of the airport was not for the purpose of producing income, and it controlled the airport for public, governmental, and municipal purposes. DeKalb County v. City of Chamblee, 369 Ga. App. 503, 894 S.E.2d 59, 2023 Ga. App. LEXIS 482 (2023).

Lease of county property for use as airport is proprietary function. —

When a county through the county’s proper authority leases property which the county owns for use as an airport, it is engaging in a proprietary and not a governmental function. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234, 1960 Ga. App. LEXIS 762 (1960).

Binding nature of county’s contract with private parties for operating airport. —

County owning an airport may properly contract with private parties for operating the airport, in whole or in part. In so doing, the governing authority of the county is engaged in a proprietary function and may, by such contract, bind the authority’s successors in office for a period of years. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234, 1960 Ga. App. LEXIS 762 (1960).

Section not intended to totally immunize municipalities from suit. —

This section, which provides that lands acquired, controlled, or occupied as landing fields for the use of aircraft shall be so acquired or controlled for public, governmental, and municipal purposes, was intended to be a declaration on the part of the legislature of the public purpose as to which the authorization was given, and not as a limitation immunizing such municipalities from suit regardless of circumstances. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234, 1960 Ga. App. LEXIS 762 (1960).

Tort liability of municipality operating airport. —

Airport of City of Savannah was characterized under statutes (both local and general) authorizing its establishment and maintenance as a governmental institution in nature of a park and the city was not liable in damages to party sustaining personal injuries by reason of dangerous defect in pavement of a roadway inside of park, notwithstanding receipt by city of some incidental revenue from lessees or licensees of certain privileges therein, it not appearing that airport was operated primarily as a source of revenue. Mayor of Savannah v. Lyons, 54 Ga. App. 661, 189 S.E. 63, 1936 Ga. App. LEXIS 723 (1936).

Municipality operating an airport is engaged in a proprietary function and is liable for tortious acts of its servants and agents in operation of an airport from which substantial revenue is derived. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234, 1960 Ga. App. LEXIS 762 (1960).

Lease of airport property to corporation. —

Airport property leased to corporation, which was used for provision of inflight meals, was subject to taxation since the provisions of lease did not preserve the public’s “rightful, equal, and uniform use” of the property as required by O.C.G.A. § 6-3-25. Clayton County Bd. of Tax Assessors v. City of Atlanta, 164 Ga. App. 864, 298 S.E.2d 544, 1982 Ga. App. LEXIS 2957 (1982), superseded by statute as stated in 271 Ga. App. 84, 608 S.E.2d 710, 2004 Ga. App. LEXIS 1585 (2004).

Trial court erred in granting a county’s motion to dismiss a lessee’s action to recover a refund of ad valorem taxes on the ground that the lessee’s claims that O.C.G.A. § 6-3-21 was unconstitutional were barred under the doctrine of collateral estoppel because in the previous litigation between the parties, the trial court only decided that O.C.G.A. § 6-3-21 applied to the lessee’s interest and did not decide on the merits whether the statute was constitutional; untimeliness was the basis of the trial court’s ruling on the lessee’s constitutionality argument in the prior action. Host Int'l, Inc. v. Clayton County, 311 Ga. App. 414, 715 S.E.2d 805, 2011 Ga. App. LEXIS 745 (2011), cert. denied, No. S12C0036, 2012 Ga. LEXIS 433 (Ga. Apr. 24, 2012).

Airline’s property in hangar on political subdivision’s property. —

Usufructs in hangar property and fuel tanks used by an airline were not subject to ad valorem taxes when the property taxed was owned by a political subdivision and located within that same political subdivision. Roberts v. Eastern Airlines, 257 Ga. 273, 357 S.E.2d 585, 1987 Ga. LEXIS 837 (1987).

Property leased to airline for airport facilities was public use. —

Five parcels of property at a city-owned airport that were leased to an airline and used for hangars, flight kitchens, and air cargo were reasonably and uniformly used for the public convenience and welfare to facilitate the effective operation of the airport, and were therefore exempt from ad valorem taxation under O.C.G.A. § 48-5-41(a)(1)(B)(i). City of Atlanta v. Clayton County Bd. of Tax Assessors, 306 Ga. App. 381, 702 S.E.2d 704, 2010 Ga. App. LEXIS 947 (2010), cert. denied, No. S11C0342, 2011 Ga. LEXIS 222 (Ga. Feb. 28, 2011), overruled in part, Gilmer County Bd. of Tax Assessors v. Spence, 309 Ga. App. 482, 711 S.E.2d 51, 2011 Ga. App. LEXIS 371 (2011).

Research References & Practice Aids

RESEARCH REFERENCES Am. Jur. 2d.

8 Am. Jur. 2d, Aviation, §§ 12 et seq., 82 et seq.

C.J.S.

2A C.J.S., Aeronautics and Aerospace, §§ 11 et seq., 53 et seq.

ALR.

Air carrier’s liability for injury from condition of airport premises, 14 A.L.R.5th 662.

Hierarchy Notes:

O.C.G.A. Title 6

O.C.G.A. Title 6, Ch. 3

O.C.G.A. Title 6, Ch. 3, Art. 2