08 LC 25
5124
Senate
Bill 427
By:
Senators Chapman of the 3rd, Unterman of the 45th, Harp of the 29th, Staton of
the 18th, Hudgens of the 47th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to the Jekyll Island—State Park Authority, so
as to require certain restrictions in leases or deeds for certain property on
Jekyll Island; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to the Jekyll Island—State Park Authority, is amended
by revising Code Section 12-3-244, relating to restrictions on sales and leases
of subdivided lots on Jekyll Island, as follows:
"12-3-244.
(a)
The leasing and sale of subdivided lots shall be under restrictive limitations
as to the use, style, and character of the structures allowable thereon and such
other limitations as the authority may deem wise. Any and all such restrictions
may be incorporated in the leases and deeds as covenants and warranties and may,
at the discretion of the authority, provide for termination and forfeiture upon
breach. In the event of a breach of any such covenants and warranties, the
authority is empowered to take such action as shall further and preserve its own
best interest and the best interest of the state.
(b)
In addition to any restrictions that may be imposed under subsection (a) of this
Code section, all leases or deeds entered into on or after the effective date of
this subsection shall prohibit the construction of any new building within the
following described area, except to replace a building that existed within such
area on such date and that has since been removed: beginning at the point where
the eastern right of way of Beach View Drive intersects with the northern
boundary of that part of Jekyll Island protected by subparagraph (a)(2)(B) of
Code Section 12-3-243, thence generally northward along the eastern right of way
of Beach View Drive to its intersection with Clam Creek Road, thence generally
northward along the eastern right of way of Clam Creek Road to St. Simons Sound,
thence generally northeastward along the shore of St. Simons Sound to the
northernmost point of Jekyll Island, thence generally southward along the
Atlantic Ocean shore of Jekyll Island to the point where such shore intersects
the northern boundary of that part of Jekyll Island protected by subparagraph
(a)(2)(B) of Code Section 12-3-243, thence generally westward along the northern
boundary of that part of Jekyll Island protected by subparagraph (a)(2)(B) of
Code Section 12-3-243 to the point of beginning, with all of said rights of way
being as such existed on the effective date of this subsection. Such leases and
deeds shall provide, further, that the ground level width and length of any such
replacement building within such area shall not exceed those ground level
dimensions of the building that was replaced. Such restrictions shall be
incorporated in the leases and deeds as covenants and warranties, and the same
shall provide for termination and forfeiture upon breach. In the event of a
breach of such covenant and warranty, the authority shall take such action to
preserve its own best interest and the best interest of the
state."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.