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03 LC 28 0867
House Bill 131
By: Representatives Holmes of the 48th, Post 1 and Orrock of the 51st
By: Representatives Holmes of the 48th, Post 1 and Orrock of the 51st
A BILL TO BE
ENTITLED
AN ACT
AN ACT
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"; to provide for legislative findings; to
provide definitions; to provide for a cause of action for an owner of property
adversely impacted by the pollution, impairment, or destruction of natural
resources due to the use of an adjacent property; to provide that such actions
are cumulative; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 41 of the Official Code of Georgia
Annotated, relating to abatement of nuisances, is amended by designating Code
Sections 41_2_1 through 41_2_17 as Article 1 and inserting a new article, to be
designated Article 2, to read as follows:
"ARTICLE
2
41_2_30.
This article shall be known and may be cited as 'The Georgia Neighborhood Protection Act.'
41_2_31.
The General Assembly finds that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within this state and that each person has the responsibility to contribute to the protection, preservation, and enhancement of these natural resources. The General Assembly further declares its policy to create and maintain within the state conditions under which human beings and nature can exist in productive harmony in order that present and future generations may enjoy clean air and water, productive land, and other natural resources with which this state has been endowed. Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land, and other natural resources located within the state from pollution, impairment, or destruction.
41_2_32.
As used in this article, the term:
(1) 'Natural resources' includes, but is not limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational, and historic resources.
(2) 'Pollution, impairment, or destruction' means conduct by a person which violates or is likely to violate an environmental quality standard, limitation, regulation, order, license, agreement, or permit of the state or any instrumentality, agency, or political subdivision of the state which was promulgated or issued before the date the alleged violation occurred or is likely to occur or conduct which materially adversely affects or is likely to materially adversely affect the environment; however, pollution, impairment, or destruction does not include conduct which violates or is likely to violate an environmental quality standard, limitation, regulation, order, license, agreement, or permit solely because of the introduction of an odor into the air.
41_2_33.
In addition to all other remedies available at law, the owner of property, the value of which is adversely impacted by pollution, impairment, or destruction of natural resources due to the use to which neighboring property has been put, may bring an action against the owner of such property for the purpose of recovering money damages or suitable equitable relief sufficient to compensate the owner of the adversely impacted property or otherwise provide a remedy to such owner for the decline in value of such owner´s property.
41_2_34.
This article shall be cumulative and shall not be construed to amend, impair, or repeal any other remedy at law or equity available."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.