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SB 339 - Eminent Domain - sewage treat- ment, disposal sys. purposes

Scott, David (36th)	Egan, Michael J (40th)	Tate, Horacena (38th)

Status Summary	SC:	NATR	HC:	Judy	FR:	01/24/00	LA:	03/03/00	H - Favorably Reported ( ) (Sub )

First Reader Summary

A bill to be entitled an Act to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize utilization of the declaration of taking method of eminent domain for sewage treatment and disposal system purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

Code Sections - 22-3-140

SB 339                                            LC 22 4049S 
 
 
                _________________________ offers the following 
      substitute to SB 339: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 3 of Title 22 of the Official Code of 
  1- 2  Georgia Annotated, relating to the exercise of the power of 
  1- 3  eminent domain for special purposes, so as to authorize 
  1- 4  utilization of the declaration of taking method of eminent 
  1- 5  domain for sewage collection, treatment, and disposal system 
  1- 6  purposes; to provide for certification of the necessity of 
  1- 7  such method for the public health; to provide for related 
  1- 8  matters; to repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Chapter 3 of Title 22 of the Official Code of Georgia 
  1-12  Annotated, relating to the exercise of the power of eminent 
  1-13  domain for special purposes, is amended by adding at the end 
  1-14  thereof a new Article 7 to read as follows: 
 
 
 
  1-15    22-3-140. 
 
  1-16    Any state agency, political subdivision of the state, 
  1-17    county, or municipality owning or operating a sewage 
  1-18    collection, treatment, and disposal system is authorized 
  1-19    to utilize the declaration of taking method of eminent 
  1-20    domain in order to acquire any private property in fee 
  1-21    simple or in any lesser interest, including easements, for 
  1-22    sewage collection, treatment, and disposal system 
  1-23    purposes, as such method of eminent domain is provided for 
  1-24    in Article 1 of Chapter 3 of Title 32 if it certifies to 
  1-25    the court that the use of the declaration of taking method 
  1-26    is necessary to protect the public health.  In cases 
  1-27    involving the exercise of the power of eminent domain for 
  1-28    sewage collection, treatment, and disposal system 
  1-29    purposes, this article shall be supplementary to and 
  1-30    cumulative of the methods of procedure for the exercise of 
  1-31    the power of eminent domain prescribed in this title." 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  All laws and parts of laws in conflict with this Act are 
  2- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-