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Commercial Real Estate

Mar. 30 – State votes to sell wetlands to Savannah River Landings developer, needed to clear up property dispute

By Lou Phelps, Savannah Business Journal

March 30, 2017 - The Georgia Senate approved HR 228 today which provides for the sale of land owned by The State of Georgia in a number of counties across the state.

Included in the bill is wetlands the State of Georgia owns that are part of the large tract of land known as Savannah River Landings, east of the Marriott hotel property, and north of President Street.  The State-owned land is termed “marshlands and water bottoms lying and being in the 2nd Georgia Militia District of Lamar Ward.”

The State’s land is part of approx.57.76 acres land that was previously filled under the Coastal Marshlands Protection Act, Permits 512 and 524, back before the economic downturn, and the Savannah River Landings project was halted.

The bills states that “MMA/PSP Savannah River, LLC, claims to own approximately 57.76 acres of land in fee simple lying immediately south of the sheetpile bulkhead, under a warranty deed from ALR Oglethorpe, LLC dated February 16, 2010,” and the company, “desires to construct a proposed development on this 57.76 acre tract adjacent to the Savannah River, which is claimed to include the Property.”

The bill allows for a swap of the State land for a three-feet strip of land along the river, and for MMA to pay the State fair market value.

The State’s land is described as “bounded north by a line running along the south side of a sheetpile bulkhead on the south side of the Savannah River, between property now or formerly owned by East Coast Associates, LLC of Harbor Street in the City of Savannah, on the east, and property now or formerly owned by Columbia Properties Savannah, LLC of 100 General McIntosh Boulevard in the City of Savannah, also known as the Marriott Hotel property, on the west, and otherwise on the east, south,and west by a line consisting of links 1 through 72, as shown on a plat prepared by Robert K. Morgan, Georgia Registered Land Surveyor, R.L.S. # 3087, which marshland property is subject to regulation pursuant to the Coastal Marshlands Protection Act, O.C.G.A. § 12-5-280, et seq. and the Governor's powers to regulate State-owned property, O.C.G.A. §50-16-61, and is hereinafter referred to as the "Property.”

The bill directs the State to resolve any and all disputes as to ownership of the Property and all present or former littoral, wharfing, and other rights and privileges in and to the Property and adjoining tidally influenced water bottoms and tidal waters, and gives the State authorization to convey its interest in the Property to MMA/PSP Savannah River, LLC in exchange for the conveyance of certain property from MMA/PSP Savannah River, LLC.

 The three feet in width of land is “adjoining the sheetpile bulkhead described hereinabove for the length thereof.”

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