|HB 1681 - Georgia Neighborhood Protection Act; enact|
First Reader Summary
A BILL 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"; and for other
Page Numbers -
||Read 1st Time
||Read 2nd Time
HB 1681 LC 22 3057
A BILL TO BE ENTITLED
1- 1 To amend Chapter 2 of Title 41 of the Official Code of
1- 2 Georgia Annotated, relating to abatement of nuisances, so as
1- 3 to enact "The Georgia Neighborhood Protection Act"; to
1- 4 provide for a cause of action for an owner of property
1- 5 adversely impacted by the pollution, impairment, or
1- 6 destruction of natural resources due to the use of an
1- 7 adjacent property; to provide definitions; to provide that
1- 8 such action is cumulative; to provide for related matters;
1- 9 to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Chapter 2 of Title 41 of the Official Code of Georgia
1-13 Annotated, relating to abatement of nuisances, is amended by
1-14 designating Code Sections 41-2-1 through 41-2-17 as Article
1-15 1 and inserting a new article to be designated Article 2 to
1-16 read as follows:
1-18 This article shall be known and may be cited as 'The
1-19 Georgia Neighborhood Protection Act.'
1-21 The General Assembly finds that each person is entitled by
1-22 right to the protection, preservation, and enhancement of
1-23 air, water, land, and other natural resources located
1-24 within this state and that each person has the
1-25 responsibility to contribute to the protection,
1-26 preservation, and enhancement of these natural resources.
1-27 The General Assembly further declares its policy to create
1-28 and maintain within the state conditions under which human
1-29 beings and nature can exist in productive harmony in order
1-30 that present and future generations may enjoy clean air
1-31 and water, productive land, and other natural resources
1-32 with which this state has been endowed. Accordingly, it
2- 1 is in the public interest to provide an adequate civil
2- 2 remedy to protect air, water, land, and other natural
2- 3 resources located within the state from pollution,
2- 4 impairment, or destruction.
2- 5 41-2-22.
2- 6 In this Code section:
2- 7 (1) 'Natural resources' includes but is not limited to
2- 8 all mineral, animal, botanical, air, water, land,
2- 9 timber, soil, quietude, recreational, and historical
2-11 (2) 'Pollution, impairment, or destruction' means
2-12 conduct by a person which violates or is likely to
2-13 violate an environmental quality standard, limitation,
2-14 regulation, order, license, agreement, or permit of the
2-15 state or any instrumentality, agency, or political
2-16 subdivision of the state which was promulgated or issued
2-17 before the date the alleged violation occurred or is
2-18 likely to occur or conduct which materially adversely
2-19 affects or is likely to materially adversely affect the
2-20 environment; however, 'pollution, impairment, or
2-21 destruction' does not include conduct which violates or
2-22 is likely to violate an environmental quality standard,
2-23 limitation, regulation, order, license, agreement, or
2-24 permit solely because of the introduction of an odor
2-25 into the air.
2-27 In addition to all other remedies available at law, the
2-28 owner of property, the value of which is adversely
2-29 impacted by pollution, impairment, or destruction of
2-30 natural resources due to the use to which neighboring
2-31 property has been put, may bring an action against the
2-32 owner of an adjacent property for the purpose of
2-33 recovering money damages or suitable equitable relief
2-34 sufficient to compensate the owner of the adversely
2-35 impacted property or otherwise provide a remedy to such
2-36 owner for the decline in value of such owner's property.
2-38 This article shall be cumulative and shall not be
2-39 construed to amend, impair, or repeal any other remedy at
2-40 law or equity available."
3- 1 SECTION 2.
3- 2 All laws and parts of laws in conflict with this Act are
3- 3 repealed.
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98