Legislation	Secretary of Senate	Members	Committees	Meetings	Home	House

SB 478 - Property Investment Protection Act - provide

Brush, B. Joseph (24th)	Blitch, Peg (7th)

Status Summary	SC:	F&PU	HC:		FR:	02/22/00	LA:	02/22/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, so as to provide that any action taken by the state, a county, or a municipal corporation to change the land use or zoning status of real property which causes a reduction in the use or exchange value of that property shall be considered a taking of said property; to provide a short title; to provide a definition; to provide for the rights of the property owner in such circumstance; to provide for construction; to provide for applicability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Code Sections - 22-1-6.1

SB 478                                             LC 19 4614 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 22 of the Official Code of 
  1- 2  Georgia Annotated, relating to general provisions relative 
  1- 3  to eminent domain, so as to provide that any action taken by 
  1- 4  the state, a county, or a municipal corporation to change 
  1- 5  the land use or zoning status of real property which causes 
  1- 6  a reduction in the use or exchange value of that property 
  1- 7  shall be considered a taking of said property; to provide a 
  1- 8  short title; to provide a definition; to provide for the 
  1- 9  rights of the property owner in such circumstance; to 
  1-10  provide for construction; to provide for applicability; to 
  1-11  provide for other matters relative thereto; to repeal 
  1-12  conflicting laws; and for other purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Chapter 1 of Title 22 of the Official Code of Georgia 
  1-16  Annotated, relating to general provisions relative to 
  1-17  eminent domain, is amended by inserting immediately 
  1-18  following Code Section 22-1-6 a new Code Section 22-1-6.1 to 
  1-19  read as follows: 
 
  1-20    "22-1-6.1. 
 
  1-21    (a) This Code section shall be known and may be cited as 
  1-22    the 'Property Investment Protection Act.' 
 
  1-23    (b) As used in this Code section, the term 'government 
  1-24    agency' means any department, commission, authority, or 
  1-25    other agency of the state, any county, or any municipal 
  1-26    corporation. 
 
  1-27    (c) If any action by a government agency to change the 
  1-28    land use or zoning status of real property causes a 
  1-29    reduction in the use or exchange value of that property, 
  1-30    the property is considered to have been taken for the use 
  1-31    of the public. 
 
  1-32    (d) The owner of the property that is taken under 
  1-33    subsection (c) of this Code section has a right either to: 
 
 
                                 -1- 
 
 
 
  2- 1      (1) Require condemnation by and just compensation from 
  2- 2      the government agency that took the action; or 
 
  2- 3      (2) Receive compensation for the reduction in value 
  2- 4      caused by the government agency's action. 
 
  2- 5    (e) In either case, as stipulated under subsection (d) of 
  2- 6    this Code section, the owner shall have the option of 
  2- 7    having the amount of compensation determined by a jury. 
 
  2- 8    (f) The government agency is liable to the property owner 
  2- 9    for the reasonable and necessary costs of any actions 
  2-10    brought under this Code section, plus any actual and 
  2-11    demonstrable economic losses suffered by the property 
  2-12    owner due to the government agency's regulation during the 
  2-13    period in which it was in effect. 
 
  2-14    (g) If the government agency is unwilling or unable to pay 
  2-15    the costs awarded under this Code section, then the 
  2-16    government agency shall reinstate the level of zoning that 
  2-17    was in effect at the time the government agency took the 
  2-18    action that resulted in the right claimed pursuant to this 
  2-19    Code section. 
 
  2-20    (h) If any action by a government agency under this Code 
  2-21    section causes a reduction in the full cash value of real 
  2-22    property, the government agency's assessor or, if 
  2-23    appropriate, the Department of Revenue shall reflect the 
  2-24    reduction in valuation by reducing the assessed valuation 
  2-25    of the property on the tax rolls as of the next valuation 
  2-26    date. 
 
  2-27    (i) This Code section shall not be construed as an 
  2-28    exclusive remedy or to diminish other rights of property 
  2-29    owners under existing constitutional, statutory, or common 
  2-30    law. 
 
  2-31    (j) This Code section shall not apply in the case of an 
  2-32    exercise of the police power of the government agency to 
  2-33    prevent noxious use of property or tangible harm to the 
  2-34    health and safety of the public." 
 
  2-35                           SECTION 2. 
 
  2-36  All laws and parts of laws in conflict with this Act are 
  2-37  repealed. 
 
 
 
 
 
 
 
                                 -2-