06 LC
14 9286
House
Bill 943
By:
Representatives Knox of the
24th,
Murphy of the
23rd,
Hill of the
21st,
and Everson of the
106th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating
to eminent domain in general, so as to specify the purposes for which the power
of eminent domain may be used to include transportation and utility purposes; to
provide that eminent domain shall not be used for other governmental purposes
and shall not be used for economic development or redevelopment; to provide for
construction with other laws and construction in general; 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
1 of Title 22 of the Official Code of Georgia Annotated, relating to eminent
domain in general, is amended by striking Code Section 22-1-2, relating to the
nature of the power of eminent domain, and inserting in its place a new Code
section to read as follows:
"22-1-2.
(a)
The right of eminent domain is the right of the state, through its regular
organization, to reassert, either temporarily or permanently, its dominion over
any portion of the soil of the state on account of public exigency and for the
public good. Thus, in time of war or insurrection the proper authorities may
possess and hold any part of the territory of the state for the common safety;
and in time of peace the General Assembly may authorize the appropriation of the
same to public purposes, such as the opening of roads, construction of defenses,
or providing channels for trade or travel.
(b)
The power of eminent domain shall be exercised only as specifically authorized
by law, as follows:
(1)
The state and counties and municipalities may exercise the power for purposes of
public roads and streets and for public transportation purposes;
and
(2)
The power may be exercised for purposes of public utilities and pipelines to the
extent specifically authorized by law by the state and counties and
municipalities; by state and local authorities created by law; and by private
persons so authorized by law.
(c)
No unit of state or local government or state or local authority may exercise
the power of eminent domain for governmental purposes other than those specified
in subsection (b) of this Code section.
(d)
Economic development or redevelopment shall not constitute a public purpose for
which property may be acquired by eminent domain.
(e)
To the extent possible the provisions of this Code section shall be construed in
harmony with all other laws of this state, but in the event of any conflict
between this Code section and any law enacted prior to January 1, 2006, it is
the intention of the General Assembly that this Code section shall control over
such conflicting law. In any doubtful case, all laws of the state shall be
construed to favor the protection of private property rights over the public
right of eminent
domain."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.