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03 LC 28 0987
House Resolution
144
By: Representative Stephens of the 123rd
By: Representative Stephens of the 123rd
A RESOLUTION
Proposing an amendment to the Constitution so as to allow
the owners of certain real property located in certain industrial areas or
portions thereof to remove the property from the industrial area; to provide
that such removal shall be irrevocable and binding on successors and heirs; to
provide for the submission of this amendment for ratification or rejection; and
for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article XI, Section I, Paragraph IV of the Constitution is
amended by adding at the end thereof a new subparagraph (f) to read as
follows:
"(f) Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court of the county in which the property is located. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will no longer be in the industrial area and may be annexed by an adjacent city. The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns. As used in this subparagraph, the term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property."
"(f) Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court of the county in which the property is located. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will no longer be in the industrial area and may be annexed by an adjacent city. The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns. As used in this subparagraph, the term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property."
SECTION 2.
The above proposed amendment to the Constitution shall be
published and submitted as provided in Article X, Section I, Paragraph II of the
Constitution. The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
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"( ) YES
( ) NO
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Shall the Constitution be amended so as to allow the owner
of property located within a constitutional industrial area to voluntarily
remove the property from the industrial area?"
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All persons desiring to vote in favor of ratifying the
proposed amendment shall vote "Yes." All persons desiring to vote against
ratifying the proposed amendment shall vote "No." If such amendment shall be
ratified as provided in said Paragraph of the Constitution, it shall become a
part of the Constitution of this state.