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HB 136 - The Georgia Neighborhood Protection Act; enact

Holmes, Bob (53rd)	Teper, Doug (61st)	Orrock, Nan (56th)
Stuckey, Stephanie (67th)	Brooks, Tyrone (54th)	Mobley, Barbara J (69th)

Status Summary	HC:	NatR	SC:		FR:	01/15/99	LA:	02/01/99	H - Recommitted

First Reader Summary

A BILL to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances, so as to enact "The Georgia Neighborhood Protection Act"; and for other purposes.

Code Sections - 41-2-20/ 41-2-21/ 41-2-22/ 41-2-23/ 41-2-24

HB 136                                             LC 22 3351 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 41 of the Official Code of 
  1- 2  Georgia Annotated, relating to abatement of nuisances, so as 
  1- 3  to enact "The Georgia Neighborhood Protection Act"; to 
  1- 4  provide for legislative findings; to provide for a cause of 
  1- 5  action for an owner of property adversely impacted by the 
  1- 6  pollution, impairment, or destruction of natural resources 
  1- 7  due to the use of an adjacent property; to provide 
  1- 8  definitions; to provide that such action is cumulative; to 
  1- 9  provide for related matters; to repeal conflicting laws; and 
  1-10  for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 2 of Title 41 of the Official Code of Georgia 
  1-14  Annotated, relating to abatement of nuisances, is amended by 
  1-15  designating Code Sections 41-2-1 through 41-2-17 as Article 
  1-16  1 and inserting a new article to be designated Article 2 to 
  1-17  read as follows: 
 
 
 
  1-18    41-2-20. 
 
  1-19    This article shall be known and may be cited as 'The 
  1-20    Georgia Neighborhood Protection Act.' 
 
  1-21    41-2-21. 
 
  1-22    The General Assembly finds that each person is entitled by 
  1-23    right to the protection, preservation, and enhancement of 
  1-24    air, water, land, and other natural resources located 
  1-25    within this state and that each person has the 
  1-26    responsibility to contribute to the protection, 
  1-27    preservation, and enhancement of these natural resources. 
  1-28    The General Assembly further declares its policy to create 
  1-29    and maintain within the state conditions under which human 
  1-30    beings and nature can exist in productive harmony in order 
  1-31    that present and future generations may enjoy clean air 
  1-32    and water, productive land, and other natural resources 
 
 
                                 -1- 
 
 
 
  2- 1    with which this state has been endowed.  Accordingly, it 
  2- 2    is in the public interest to provide an adequate civil 
  2- 3    remedy to protect air, water, land, and other natural 
  2- 4    resources located within the state from pollution, 
  2- 5    impairment, or destruction. 
 
  2- 6    41-2-22. 
 
  2- 7    As used in this article, the term: 
 
  2- 8      (1) 'Natural resources' includes but is not limited to 
  2- 9      all mineral, animal, botanical, air, water, land, 
  2-10      timber, soil, quietude, recreational, and historical 
  2-11      resources. 
 
  2-12      (2) 'Pollution, impairment, or destruction' means 
  2-13      conduct by a person which violates or is likely to 
  2-14      violate an environmental quality standard, limitation, 
  2-15      regulation, order, license, agreement, or permit of the 
  2-16      state or any instrumentality, agency, or political 
  2-17      subdivision of the state which was promulgated or issued 
  2-18      before the date the alleged violation occurred or is 
  2-19      likely to occur or  conduct which materially adversely 
  2-20      affects or is likely to materially adversely affect the 
  2-21      environment; however, pollution, impairment, or 
  2-22      destruction does not include conduct which violates or 
  2-23      is likely to violate an environmental quality standard, 
  2-24      limitation, regulation, order, license, agreement, or 
  2-25      permit solely because of the introduction of an odor 
  2-26      into the air. 
 
  2-27    41-2-23. 
 
  2-28    In addition to all other remedies available at law, the 
  2-29    owner of property, the value of which is adversely 
  2-30    impacted by pollution, impairment, or destruction of 
  2-31    natural resources due to the use to which neighboring 
  2-32    property has been put, may bring an action against the 
  2-33    owner of an adjacent property for the purpose of 
  2-34    recovering money damages or suitable equitable relief 
  2-35    sufficient to compensate the owner of the adversely 
  2-36    impacted property or otherwise provide a remedy to such 
  2-37    owner for the decline in value of such owner's property. 
 
  2-38    41-2-24. 
 
  2-39    This article shall be cumulative and shall not be 
  2-40    construed to amend, impair, or repeal any other remedy at 
  2-41    law or equity available." 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-