JUDICIAL DECISIONS Paragraph (4) of this section is not indefinite, uncertain, or unconstitutional

O.C.G.A. § 50-16-123, under PUBLIC PROPERTY.

O.C.G.A. § 50-16-123

Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948) (see O.C.G.A. § 20-3-31). Obligation incurred by board is not state debt and is not affected by constitutional limitations upon state indebtedness. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). ‘‘Such corporation’’ refers to like corporations. — Considering the history of this legislation, the phrase ‘‘such corporation’’ was not intended to designate the particular corporation, but should be understood as referring to like corporations; that is, the board of regents is to exercise any power usually granted corporations of like character. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Regents may exercise usual powers of ‘‘such corporations’’. — Limited only by their proper discretion and by the Constitution and law of this state, the Regents of the University System of Georgia may exercise any power usually granted to such corporations. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948). Regents are untrammeled in their duties and powers except by restraints of law which are directly expressed or necessarily implied. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948). While the University Board of Regents’ Policy manual directed the member institutions to forward recommendations for new administrators and chaired professors to the board for approval, there was nothing in the manual that prevented the board from waiving this provision or from delegating the board’s hiring authority to its member institutions. Board of Regents of the Univ. Sys. v. Doe, 278 Ga. App. 878, 630 S.E.2d 85 (2006). Regents have duty of deciding what is necessary for the usefulness of the various institutions and a court of equity will not interfere with the regents’ judgment unless it appears to be arbitrary and amounts to an abuse of discretion. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Regents may enter into contract necessary for school institutions’ usefulness. — Although the state is the equitable and beneficial owner of all property now vested in the regents, who are the holders only of legal title, it does not follow that the regents may not enter into any contract which in the regents’ reasonable discretion is necessary for the usefulness of school institutions, or may not incur liabilities in the regents’ own name for that purpose. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Regents authorized to buy land, construct buildings, and charge fees. — Board of regents has authority to buy land for college purposes, to construct dormitories, gymnasia, and other necessary buildings, and to charge reasonable fees for the buildings’ use. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Regents may lease gymnasia to corporate athletic associations connected, respectively, with the institutions at which the buildings are located. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Regents may charge reasonable student fees. — There is no law, either constitutional or statutory, which prevents the board of regents from charging reasonable matriculation, laboratory, hospital, and athletic fees against students. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Board of regents is vested with sufficient authority to issue bonds and to obtain loans. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). No abuse of discretion appears in a proposal to require students to occupy new buildings in preference to existing buildings in order that fees charged for the buildings’ use may create an income to retire bonds issued for the purpose of raising funds with which to construct the buildings. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934). Valid employment contract enforceable against state. — Valid and authorized contract of employment between the state department having charge of the university system and a person for the position of instructor of one of the university’s branches is enforceable against the state and should be performed by the state according to the contract’s terms and provisions. Regents of Univ. Sys. v. Blanton, 49 Ga. App. 602, 176 S.E. 673 (1934). Regents not enjoined from operating laundry service for those connected with school. — Petition seeking to enjoin the regents from operating a laundry and dry-cleaning service at reduced prices in an educational institution for the benefit of students and persons connected with the school failed to set forth a cause of action. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948). Cited in Williams v. McIntosh County, 179 Ga. 735, 177 S.E. 248 (1934); Marshall v. Georgia S.W. College, 489 F. Supp. 1322 (M.D. Ga. 1980).