06 LC 29
2104ER
The
House Committee on Judiciary offers the following substitute to HB
960:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the
"Urban Redevelopment Law," so as to provide for a moratorium upon the exercise
of the power of eminent domain for purposes of urban development; to provide for
exceptions; to provide a statement of legislative findings and a statement of
intent; to provide for conflicts; to provide for severability; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly makes the following findings:
(1)
The protection of homes, small businesses, and other private property rights
against government seizures and other unreasonable government interference is a
fundamental principle and core commitment of our
natiońs
founders;
(2)
It is the desire of the General Assembly and the Governor of this state to
prevent municipalities, local governments, and all other entities with the power
of eminent domain from infringing on the private property rights of landowners;
and
(3)
It is the intention of the General Assembly and the Governor of the State of
Georgia to enact legislation during the 2006 legislative session to restrict the
application of the United States Supreme
Court́s
decision in Kelo v.
City of New London, Connecticut to private
property owners in Georgia.
SECTION
2.
Chapter
61 of Title 36 of the Official Code of Georgia Annotated, the "Urban
Redevelopment Law," is amended by inserting at the end thereof a new Code
section to read as follows:
"36-61-20.
(a)
There is imposed a moratorium upon all boards, commissions, departments,
divisions, offices, bodies, and other units of a municipality or county,
agencies or urban redevelopment agencies, downtown development authorities, and
local government bodies from exercising the power of eminent domain provided for
in this chapter.
(b)
During the term of the moratorium the power of eminent domain granted to an
entity identified under subsection (a) of this Code section shall not be
exercised in conjunction with an urban redevelopment area, urban redevelopment
plan, or urban redevelopment project as authorized under the "Urban
Redevelopment Law," and the moratorium shall not be applicable to construction
of utilities.
(c)
The provisions of subsections (a) and (b) of this Code section shall apply to
all proposed, pending, and future condemnations and shall remain in effect for a
period of 90 days from the date this Code section becomes effective or until
such time as the General Assembly repeals this Code section, whichever occurs
first."
SECTION
3.
In
the event of a conflict between this Act and an existing statute or provision,
this Act shall control. This Act shall be strictly construed to protect the
private property rights of residents and businesses over the interests of local
governments.
SECTION
4.
If
any part of this Act is determined to be unconstitutional, all other parts shall
remain in effect.
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.