08 LC
18 7325S
House
Bill 1081 (COMMITTEE SUBSTITUTE)
By:
Representative O`Neal of the
146th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating
to bona fide conservation use property, so as to revise and change certain
provisions relating to property which is subject to restrictive covenants; to
provide for notice, procedures, and appeal rights regarding covenant breaches;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona
fide conservation use property, is amended by revising paragraph (5) of
subsection (b) as follows:
"(5)
No property shall qualify as bona fide conservation use property if such
property is at the time of application for current use assessment subject to a
restrictive covenant which prohibits the use of the property for
any
the
specific purpose described in subparagraph
(a)(1)(E) of this Code section
for which bona
fide conservation use qualification is
sought; and"
SECTION
2.
Said
Code section is further amended by adding a new subsection to read as
follows:
"(k.1)
In the case of an alleged breach of the covenant, the owner shall be notified
in writing by the board of tax assessors. The owner shall have a period of 30
days from the date of such notice to cease and desist the activity alleged in
the notice to be in breach of the covenant or to remediate or correct the
condition or conditions alleged in the notice to be in breach of the covenant.
Following a physical inspection of property, the board of tax assessors shall
notify the owner that such activity or activities have or have not properly
ceased or that the condition or conditions have or have not been remediated or
corrected. The owner shall be entitled to appeal the decision of the board of
tax assessors and file an appeal disputing the findings of the board of tax
assessors. Such appeal shall be conducted in the same manner that other
property tax appeals are made pursuant to Code Section
48-5-311."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.