06 LC 28
2755
Senate
Bill 459
By:
Senators Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the
38th, Brown of the 26th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 8 of the Official Code of Georgia Annotated, relating to buildings
and housing, so as to redefine blighted areas; to provide that the condemnation
of private property by housing authorities must first be approved by the
governing authority of the county or municipality in which such property is
located; to amend Chapter 1 of Title 22 of the Official Code of Georgia
Annotated, relating to general provisions regarding eminent domain, so as to
require that authorities with the power of eminent domain shall not exercise
such power with regard to private property without first obtaining approval by
the governing authority of the county or municipality in which such property is
located; to amend Title 36 of the Official Code of Georgia Annotated, relating
to local government, so as to provide that county and municipal authorities with
the power of eminent domain shall not exercise such power with regard to private
property without first obtaining approval by the governing authority of the
county or municipality in which such property is located; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
8 of the Official Code of Georgia Annotated, relating to buildings and housing,
is amended by striking Code Section 8-3-31, relating to the use of eminent
domain by housing authorities, and inserting in lieu thereof a new Code Section
8-3-31 to read as follows:
∀8-3-31.
An
authority shall have the right to acquire by the exercise of the power of
eminent domain any real property which it may deem necessary for its purposes
under this article after the adoption by it of a resolution declaring that the
acquisition of the real property described therein is necessary for such
purposes and
it obtains the specific approval of the governing authority of the municipality
in which the property to be condemned is located or, if the property is not
located within a municipality, by the governing authority of the county in which
such property is located. An authority
may exercise the power of eminent domain in the manner provided in Title 22; or
it may exercise the power of eminent domain in the manner provided by any other
applicable statutory provisions for the exercise of the power of eminent domain.
Property already devoted to a public use may be acquired, except that no real
property belonging to the city, the county, the state, or any political
subdivision thereof may be acquired without the consent of such city, county,
state, or other political
subdivision.∀
SECTION
2.
Said
title is further amended by striking paragraph (1) of Code Section 8-4-3,
relating to definitions, and inserting in lieu thereof a new paragraph (1) to
read as follows:
∀(1)
'Blighted
areas' means:
(A)
Areas in which there is a predominance of buildings or improvements, or which
are predominantly residential in character, and which, by reason
of:
'Blighted
areas' means areas in which there is a predominance of buildings or
improvements, or which are predominantly residential in character, and which, by
reason of:
(i)(A)
Dilapidation, deterioration, age, or obsolescence;
(ii)(B)
Inadequate provision for ventilation, light, air, sanitation, or open
spaces;
(iii)(C)
High
density of population and overcrowding
Adverse
environmental conditions;
(iv)(D)
The existence of conditions which endanger life or property by fire and other
causes;
or
(E)
The existence of public safety hazards, including traffic hazards and loitering
activities;
(F)
The existence of high crime rates; or
(v)(G)
Any combination of such factors,
are
conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency, and crime and are detrimental to the public health, safety, morals,
or welfare;
and
(B)
Areas which, by reason of:
(i)
The predominance of defective or inadequate street layout;
(ii)
Faulty lot layout in relation to size, adequacy, accessibility, or
usefulness;
(iii)
Insanitary or unsafe conditions;
(iv)
Deterioration of site improvements;
(v)
Diversity of ownership;
(vi)
Tax or special assessment delinquency exceeding the fair value of the
land;
(vii)
Defective or unusual conditions of title;
(viii)
Improper subdivision or obsolete platting;
(ix)
The existence of conditions which endanger life or property by fire or other
causes; or
(x)
Any combination of such factors,
substantially
impair or arrest the sound growth of the community, retard the provision of
housing accommodations, or constitute an economic or social liability and are a
menace to the public health, safety, morals, or welfare in their present
condition and
use.∀
SECTION
3.
Said
chapter is further amended by striking Code Section 8-4-4, relating to power of
authorities to prepare redevelopment plans and to undertake redevelopment
projects, and inserting in lieu thereof a new Code Section 8-4-4 to read as
follows:
∀8-4-4.
Any
housing authority established pursuant to Article 1 of Chapter 3 of this title,
the 'Housing Authorities Law,' is authorized to prepare or cause to be prepared
redevelopment plans and to undertake redevelopment projects within its area of
operation, in accordance with this chapter. In undertaking such redevelopment
projects, a housing authority shall have all the rights, powers, privileges, and
immunities that such authority has under Article 1 of Chapter 3 of this title,
the 'Housing Authorities Law,' and any other provision of law relating to slum
clearance and housing projects for persons of low income, including, without
limiting the generality of the foregoing, the power to make and execute
contracts, to issue bonds and other obligations and give security therefor, to
acquire real property by eminent domain or purchase, and to do any and all
things necessary to carry out projects in the same manner as though all of the
provisions of law applicable to slum clearance and housing projects were
applicable to redevelopment projects undertaken under this chapter, provided
that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as
limiting the power of an authority, in the event of a default by a purchaser or
lessee of land in a redevelopment plan, to acquire property and operate it free
from the restrictions contained in said Code sections
and provided,
further, that any exercise of the power of eminent domain must first be
specifically approved by the governing authority of the municipality in which
the property to be condemned is located or, if the property is not located
within a municipality, by the governing authority of the county in which such
property is
located.∀
SECTION
4.
Chapter
1 of Title 22 of the Official Code of Georgia Annotated, relating to general
provisions regarding eminent domain, is amended by adding a new Code Section
22-1-4.1 to read as follows:
∀22-1-4.1.
Notwithstanding
any provision of law to the contrary, except as otherwise provided by the
Constitution, no authority of any county or municipality in this state that is
authorized to exercise the power of eminent domain shall do so unless such
authority first obtains the specific approval of the governing authority of the
municipality in which the property to be condemned is located or, if the
property is not located within a municipality, of the governing authority of the
county in which such property is
located.∀
SECTION
5.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by striking subsection (c) of Code Section 36-42-8.1, relating to use of
eminent domain by municipality or authority, and inserting in lieu thereof a new
subsection (c) to read as follows:
∀(c)
A downtown development authority may not acquire real property through the
exercise of the power of eminent domain until the following conditions and
requirements have been met:
(1)
The proposed rehabilitation of the property must be set forth in a downtown
development plan adopted by the municipality and incorporated in any
comprehensive plan of the municipality submitted to the Department of Community
Affairs pursuant to Chapter 70 of this title;
(2)
The governing body of the municipality shall adopt a resolution
specifically
approving the proposed use of eminent domain power by the downtown development
authority as
to the specific parcels of property sought to be
condemned;
(3)
The downtown development authority shall, in writing, notify the owner of the
real property proposed to be acquired of the planned rehabilitation of the
property as set forth in the downtown development plan for the downtown
development area wherein the property is located;
(4)
Within 30 days after being so notified, the owner of the property shall have the
option of notifying the downtown development authority, in writing, of
his
the
owneŕs
willingness and intention to rehabilitate and maintain the property in
accordance with the downtown development plan. In the event of multiple
ownership of the property, unanimous agreement by the owners shall be required,
and the failure of any one owner to notify the downtown development authority
within the time limitations specified in this paragraph of
his
the
owneŕs
willingness and intention to rehabilitate and maintain the property in
accordance with the downtown development plan shall be deemed to be a failure to
exercise the option provided in this paragraph; and
(5)
The owner of such property may execute an agreement with the downtown
development authority to rehabilitate the property in accordance with the
downtown development plan. Any such agreement shall be as the downtown
development authority deems necessary and appropriate as to form and content.
In connection therewith, the downtown development authority shall have the right
to require sufficient performance, payment, and completion bonds. In the event
that any such owner, at any time, fails to comply with or defaults in the
performance of the provisions of the agreement, such property shall no longer be
subject to the agreement, the option provided by paragraph (4) of this
subsection shall no longer apply, and the property may be acquired by the
downtown development authority by purchase or through the exercise of the power
of eminent domain. In the alternative, the downtown development authority may
either specifically enforce the agreement, exercise any rights under any bonds
which may have been required, and obtain any other legal or equitable relief as
may be available to the downtown development authority or, if the owner fails to
exercise the option to rehabilitate the property or defaults on the agreement to
rehabilitate the property, the downtown development authority may implement
those portions of the downtown development plan with respect to such property to
the extent the authority deems necessary and the costs of implementing such plan
shall be a lien against the property enforceable in the same manner as a lien
for
taxes.∀
SECTION
6.
Said
title is further amended by adding a new Code Section 36-60-24 to read as
follows:
∀36-60-24.
Except
as otherwise provided in the Constitution, no county or municipal authority
having the power of eminent domain shall exercise such power with regard to
private property without first obtaining the specific approval of the governing
authority of the municipality in which such property is located or, if such
property is not located in a municipality, of the governing authority of the
county in which such property is
located.∀
SECTION
7.
Said
title is further amended by striking subsection (c) of Code Section 36-61-9,
relating to the exercise of the power of eminent domain by urban redevelopment
agencies, and inserting in lieu thereof a new subsection (c) to read as
follows:
∀(c)
Unless the property is to be acquired for the purpose of devoting it to a public
use, a municipality or county may not acquire real property through the exercise
of the power of eminent domain pursuant to subsection (a) of this Code section
until the following conditions and requirements have been met:
(1)
The municipality or county which adopted the urban redevelopment plan has
approved a resolution
specifically
authorizing the exercise of the power of eminent domain by the agency to acquire
the
specific
property
sought to be
condemned;
(2)
The municipality or county shall, in writing, notify the owner of the real
property proposed to be acquired of the planned rehabilitation of the property
as set forth in the urban redevelopment plan for the urban redevelopment area
wherein the property is located;
(3)
Within 30 days after being so notified, the owner of the property shall have the
option of notifying the municipality or county, in writing, of
his
the
owneŕs
willingness and intention to rehabilitate and maintain the property in
accordance with the urban redevelopment plan. In the event of multiple ownership
of the property, unanimous agreement by the owners shall be required; and the
failure of any one owner to notify the municipality or county, within the time
limitation specified in this paragraph, of
his
the
owneŕs
willingness and intention to rehabilitate and maintain the property in
accordance with the urban redevelopment plan shall be deemed to be a failure to
exercise the option provided in this paragraph; and
(4)
The owner of the property may execute an agreement with the municipality or
county to rehabilitate the property in accordance with the urban redevelopment
plan. Any such agreement shall be as the municipality or county deems necessary
and appropriate as to form and content; in connection therewith, the
municipality or county shall have the right to require sufficient performance,
payment, and completion bonds. In the event that any such owner, at any time,
fails to comply with or defaults in the performance of the provisions of the
agreement, such property shall no longer be subject to the agreement, the option
provided by paragraph (3) of this subsection shall no longer apply, and the
property may be acquired by the municipality or county by purchase or through
the exercise of the power of eminent domain. In the alternative, the
municipality or county may either specifically enforce the agreement, exercise
any rights under any bonds which may have been required, and obtain any other
legal or equitable relief as may be available to the municipality or county or,
if the owner fails to exercise the option to rehabilitate the property or
defaults on the agreement to rehabilitate the property, the municipality or
county may implement those portions of the urban development plan with respect
to such property to the extent the municipality or county deems necessary and
the costs of implementing such plan shall be a lien against the property
enforceable in the same manner as tax
liens.∀
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.