HB 793 - Real property; certain notification to purchaser

Georgia House of Representatives - 1995/1996 Sessions

HB 793 - Real property; certain notification to purchaser

Page Numbers - 1/ 2
Code Sections - 44-1-17
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House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/20/95 Read 1st Time 2/21/95 Read 2nd Time 3/1/95 Favorably Reported Sub Committee Amend/Sub 3/17/95 Recommitted ---------------------------------------- Code Sections amended: 44-1-17
HB 793 LC 22 1704S The House Committee on Judiciary offers the following substitute to HB 793: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 1 of Title 44 of the Official Code of 1- 2 Georgia Annotated, relating to general provisions of law 1- 3 relative to property, so as to provide for certain 1- 4 responsibilities of the buyer or grantee of real property or 1- 5 any interest in real property; to require the grantor, 1- 6 owner, or the agent of the owner of any real property to 1- 7 provide a certain notice to the prospective purchaser, 1- 8 lessee, or grantee of certain real property or any interest 1- 9 in certain real property; to provide for the contents of 1-10 such notice; to provide for the effect of noncompliance; to 1-11 provide for exceptions; to provide that no cause of action 1-12 is created; to provide for applicability and an effective 1-13 date; to repeal conflicting laws; and for other purposes. 1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-15 Chapter 1 of Title 44 of the Official Code of Georgia 1-16 Annotated, relating to general provisions of law relative to 1-17 property, is amended by adding at the end thereof a new Code 1-18 Section 44-1-17 to read as follows: 1-19 "44-1-17. (Index) 1-20 (a) Prior to any purchase, lease, or other acquisition of 1-21 real property or any interest in real property located 1-22 within any county which has land zoned for agricultural or 1-23 silvicultural use or identified on an approved county land 1-24 use plan as agricultural or silvicultural use, it shall be 1-25 the buyer's or grantee's responsibility to determine 1-26 whether the subject property is within, partially within, 1-27 or adjacent to any property zoned or identified on an 1-28 approved county land use plan as agricultural or 1-29 silvicultural use. If the grantor, owner, or agent of the 1-30 owner knows that the property being acquired is within, 1-31 partially within, or adjacent to any property zoned or 1-32 identified on an approved county land use plan as 1-33 agricultural or silvicultural use, the owner or agent for -1- (Index) LC 22 1704S 2- 1 the owner shall deliver to the prospective purchaser, 2- 2 lessee, or grantee a notice which states the following: 2- 3 'It is the policy of this state and this community to 2- 4 conserve, protect, and encourage the development and 2- 5 improvement of farm and forest land for the production 2- 6 of food, fiber, and other products, and also for its 2- 7 natural and environmental value. This notice is to 2- 8 inform prospective property owners or other persons or 2- 9 entities leasing or acquiring an interest in real 2-10 property that the property in which they are about to 2-11 acquire an interest lies within, partially within, or 2-12 adjacent to an area zoned, used, or identified for farm 2-13 and forest activities and that farm and forest 2-14 activities occur in the area. Such farm and forest 2-15 activities may include intensive operations that cause 2-16 discomfort and inconveniences that involve, but are not 2-17 limited to, noises, odors, fumes, dust, smoke, insects, 2-18 operations of machinery during any 24 hour period, N storage and disposal of manure, and the application by 2-20 spraying or otherwise of chemical fertilizers, soil 2-21 amendments, herbicides, and pesticides. One or more of 2-22 these inconveniences may occur as the result of farm or 2-23 forest activities which are in conformance with existing 2-24 laws and regulations and accepted customs and 2-25 standards.' 2-26 (b) Noncompliance with any provision of this Code section 2-27 shall not affect title to real property nor prevent the 2-28 recording of any document. 2-29 (c) This Code section shall not apply to any transaction 2-30 involving title passing by foreclosure, deed in lieu of 2-31 foreclosure, tax deed, deed to secure debt, or from an 2-32 executor or administrator. 2-33 (d) This Code section shall not create a cause of action 2-34 for damages or injunctive relief." SECTION 2. 2-35 This Act shall become effective on July 1, 1995, and shall 2-36 be applicable to any transaction involving real property 2-37 entered into on or after such date. SECTION 3. 2-38 All laws and parts of laws in conflict with this Act are 2-39 repealed. -2- (Index)

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