06 LC
14 9397-EC
House
Resolution 1306
By:
Representatives Golick of the
34th,
Willard of the
49th,
Richardson of the
19th,
Roberts of the
154th,
Smith of the
129th,
and Davis of the
109th
A
RESOLUTION
Proposing
an amendment to the Constitution so as to require that the condemnation of
property for redevelopment purposes must be approved by vote of the elected
governing authority of the county or city in which the property is located; to
restrict the use of eminent domain for redevelopment purposes to the elimination
of affirmative harm; to provide that the use of eminent domain by counties and
municipalities shall be subject to limitation by general law; to prohibit the
use of eminent domain by certain nonelected local authorities; to provide for
submission of this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
IX, Section II of the Constitution is amended by striking subparagraphs (a) and
(b) of Paragraph VII and inserting in lieu thereof the following:
"(a)
The General
Assembly may authorize any county, municipality, or housing authority to
undertake and carry out community redevelopment, which may include the sale or
other disposition of property acquired by eminent domain to private enterprise
for private uses.
Any
condemnation of privately held property for redevelopment purposes must occur by
vote of the elected governing authority of the city within which the property is
located, if any, or otherwise by the governing authority of the county within
which the property is located. The power of eminent domain shall not be used
for redevelopment purposes by any entity, except where authorized by general law
to eliminate an existing affirmative harm to the community from blighted
property; and for this purpose the definition of blighted property shall be as
provided by general law.
(b)
In addition
to the authority granted by subparagraph (a) of this Paragraph,
the
The
General Assembly is authorized to grant to counties or municipalities for
redevelopment purposes and in connection with redevelopment programs, as such
purposes and programs are defined by general law, the power to issue tax
allocation bonds, as defined by such law, and the power to incur other
obligations, without either such bonds or obligations constituting debt within
the meaning of Section V of this article, and the power to enter into contracts
for any period not exceeding 30 years with private persons, firms, corporations,
and business entities. Notwithstanding the grant of these powers pursuant to
general law, no county or municipality may exercise these powers unless so
authorized by local law and unless such powers are exercised in conformity with
those terms and conditions for such exercise as established by that local law.
The provisions of any such local law shall conform to those requirements
established by general law regarding such powers. No such local law, or any
amendment thereto, shall become effective unless approved in a referendum by a
majority of the qualified voters voting thereon in the county or municipality
directly affected by that local
law."
SECTION
2.
Said
Article IX, Section II of the Constitution is further amended by striking
Paragraph V and inserting in lieu thereof the following:
"Paragraph
V.
Eminent
domain. The governing authority of each
county and of each municipality may exercise the power of eminent domain for any
public purpose
subject to any
limitations on the exercise of such power as may be provided by general law. No
nonelected housing or development authority may exercise eminent domain for any
purpose, notwithstanding the provisions of any local amendment to the
Constitution continued in effect pursuant to Article XI, Section I, Paragraph IV
or any existing general
law."
SECTION
3.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to prohibit the use of eminent
domain by certain nonelected authorities and to prohibit the use of eminent
domain for redevelopment purposes except to eliminate an affirmative harm on a
community from blighted property as defined by general law?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.