§ 2-181. Disposition of county owned strips of land incapable of being used independently.  


Latest version.
  • (a)

    As set forth in O.C.G.A. § 36-9-3(h), and as hereinafter amended, the county may sell and convey parcels of small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property.

    (b)

    The sale of such property to abutting property owners authorized by this section is not required to be submitted to the process of auction or the solicitation of sealed bids so long as the sale complies with all of the following requirements:

    (1)

    The planning director shall make a written determination that the real property to be conveyed is so small, narrow or shaped that it is incapable of being used independently given its zoning or provisions of applicable subdivision or other development ordinances or land use plans; and

    (2)

    The real property shall be surveyed by the county, and the county shall perform an appraisal to determine the fair market value of the property; and

    (3)

    The sale or conveyance complies with all applicable requirements of Georgia law including any requirements set forth in O.C.G.A. § 36-9-3, and as hereinafter may be amended; and

    (4)

    The planning director's written determination, the county's survey and appraisal shall be presented to the governing authority in an appropriate manner as authorized by state law, for a determination whether to authorize staff to proceed to sell the property to the abutting property owners and to impose such conditions on the sale as desired by the governing authority; and

    (5)

    If so authorized by the governing authority, each abutting property owner shall be notified in writing by the purchasing director of the availability of the property and shall have the opportunity to purchase said property under the terms and conditions imposed by the governing authority; and

    (6)

    In the event the sale is authorized, the purchaser or purchasers shall pay no less than fair market value for the property and the fair market value shall be solely determined by the appraisal performed by the county; and

    (7)

    In the event a sale occurs, the purchaser or purchasers shall reimburse the county for all due diligence costs incurred by the county in conducting such a sale of property, including but not limited to the county's attorneys fees, closing costs, survey costs and appraisal costs.

(Ord. No. 05-07, Pt. I, 5-10-05)