05 LC
33 0802
Senate
Bill 276
By:
Senator Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to powers of local boards of education relative to
public school property and facilities, so as to provide that a local board of
education shall not exercise the power of condemnation if another appropriate
parcel or parcels of private property located within three miles is for sale for
purchase outright; to provide for procedures which shall be followed by a local
board of education before exercising the right of eminent domain; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to powers of local boards of education relative to public
school property and facilities, is amended by striking Code Section 20-2-521,
relating to power of condemnation for local boards of education, and inserting
in its place the following:
"20-2-521.
(a)
Except as provided in subsection (b) of this Code section,
local
County
boards of education
and
independent school systems are authorized
to take and damage, by condemnation, private property for public school
purposes, either for public school building sites, playgrounds, athletic fields,
or other purposes in connection with the public
elementary,
middle, or high schools or any public
educational program which is now or may be hereafter authorized by
law.
(b)
Local boards of education shall not exercise the power of condemnation on
private property if another appropriate parcel or parcels of private property is
for sale for purchase outright and is located within three miles of the private
property which is being considered by the local board for condemnation, unless
the local board first makes all reasonable attempts to purchase the other
appropriate parcel or parcels which are for
sale."
SECTION
2.
Said
part is further amended by adding a new Code section at the end of such part to
read as follows:
"20-2-523.
Before
exercising the right of eminent domain, a local board of education shall first:
(1)
Provide for reasonable public notice of the proposed condemnation, which shall
include a description of the proposed condemnation including a showing that use
of the power of eminent domain may be necessary for public school purposes;
(2)
Conduct at least three well-publicized public hearings concerning the proposed
condemnation, at least one of which hearings shall commence between 6:00 P.M.
and 7:00 P.M., inclusive, on a business weekday; and
(3)
Provide for the hearing of any objections to such proposed
condemnation."
SECTION
3.
This
Act shall become effective July 1, 2005, and shall apply with respect to eminent
domain proceedings filed on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.