06 SB391/FA/3
Senate
Bill 391
By:
Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the
35th, Staton of the 18th and
others
AS
PASSED SENATE
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 and construction; to provide for severability;
to provide for applicability; to provide for automatic repeal; 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 this state to
enact and sign into law 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, housing authorities, downtown
development authorities, and local government bodies from exercising the power
of eminent domain provided for in this chapter; provided, however, that the
provisions of this Code section shall not apply to projects involving the
erection of government buildings or structures, the creation, expansion, or
maintenance of government owned utilities or federally mandated projects, or the
creation of public roads.
(b)
In the event of a conflict between this Code section and an existing statute or
provision, this Code section shall control with the exception of those powers
necessary for governments specifically exempted in subsection (a) of this Code
section. This Code section shall be strictly construed to protect the private
property rights of residents and businesses over the interests of local
governments.
(c)
This Code section shall apply to all proposed, pending, and future condemnation
actions brought pursuant to this chapter and shall remain in effect for a period
of 120 days from the date this Code section becomes effective and upon the
expiration of such 120 days this Code section shall be automatically
repealed.
(d)
In the event any part of this Code section is determined to be unconstitutional,
all other parts shall remain in
effect.∀
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.