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HR 31 - Patrick, Larry; compensate

Westmoreland, Lynn A (104th)

Status Summary	HC:	App	SC:		FR:	01/15/99	LA:	01/25/99	H - Read 2nd Time

First Reader Summary

A RESOLUTION compensating Mr. Larry Patrick; and for other purposes.

HR 31                                              LC 10 2631 
 
 
 
 
 
 
                             A RESOLUTION 
 
  1- 1  Compensating Mr. Larry Patrick; and for other purposes. 
 
  1- 2  WHEREAS, in 1988, Mr. Larry Patrick purchased a legally 
  1- 3  platted lot  along the banks of the Chattahoochee River in 
  1- 4  Helen, Georgia. Mr. Patrick extended utilities to the lot 
  1- 5  and parked his motor home on the lot until a cabin could be 
  1- 6  constructed; and 
 
  1- 7  WHEREAS, Mr. Patrick encountered erosion problems along the 
  1- 8  streambed adjacent to his property and, in March of 1994, he 
  1- 9  obtained approval from the U.S. Army Corps of Engineers for 
  1-10  construction of a Gabion wall along the edge of the 
  1-11  streambed. The wall was erected and eliminated all erosion 
  1-12  problems on the site; and 
 
  1-13  WHEREAS, in 1995 the Georgia "Erosion and Sedimentation Act 
  1-14  of 1975" (O.C.G.A. Chapter 12-7) was changed and effectively 
  1-15  prohibits residential construction within 50 feet of the 
  1-16  stream edge; and 
 
  1-17  WHEREAS, in 1997, Mr. Patrick obtained a building permit 
  1-18  from the City of Helen and commenced construction of his 
  1-19  cabin; and 
 
  1-20  WHEREAS, in January 1998, Friends of the Chattahoochee filed 
  1-21  a complaint with the Department of Natural Resources 
  1-22  concerning such prohibited construction. Eventually, the 
  1-23  City of Helen issued a Stop Work Order and construction of 
  1-24  the cabin on such property was halted; and 
 
  1-25  WHEREAS, Mr. Patrick has been unable to secure a variance 
  1-26  from the Department of Natural Resources in order to 
  1-27  construct his cabin on such property and maintains that the 
  1-28  change in the Georgia "Erosion and Sedimentation Act of 
  1-29  1975" (O.C.G.A. Chapter 12-7) which occurred in 1995 
  1-30  constitutes a regulatory taking of his property as the law 
  1-31  precludes all construction on Mr. Patrick's lot because of 
  1-32  the lot's small size and close proximity to the water; and 
 
  1-33  WHEREAS, Mr. Patrick has suffered unreimbursed property 
  1-34  losses totaling $162,000.00; and 
 
 
 
 
                                 -1- 
 
 
 
  2- 1  WHEREAS, the property losses occurred through no fault or 
  2- 2  negligence on the part of Mr. Patrick, and it is only 
  2- 3  fitting and proper that he be compensated for his losses. 
 
  2- 4  NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 
  2- 5  GEORGIA that the Department of Natural Resources is 
  2- 6  authorized and directed to pay the sum of $162,000.00 to Mr. 
  2- 7  Larry Patrick as compensation as provided above. Said sum 
  2- 8  shall be paid from funds appropriated to or available to 
  2- 9  said Department of Natural Resources and shall be in full 
  2-10  and complete satisfaction of all claims against the state 
  2-11  arising out of said occurrence. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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