05 LC 33
0593
Senate
Bill 86
By:
Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th, Johnson
of the 1st, Whitehead, Sr. of the 24th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating
to general provisions applicable to eminent domain, so as to change certain
provisions relating to the nature of the right of eminent domain; to provide for
the limitation of public purposes for which eminent domain may be exercised; to
provide for statutory construction; to provide for legislative intent; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 22 of the Official Code of Georgia Annotated, relating to general
provisions applicable to eminent domain, is amended by striking in its entirety
Code Section 22-1-2, relating to the nature of the right of eminent domain, and
inserting in lieu thereof the following:
"22-1-2.
The
right of eminent domain is the right of the state, through its regular
organization, to reassert, either temporarily or permanently, its dominion over
any portion of the soil of the state on account of public exigency and for the
public good. Thus, in time of war or insurrection the proper authorities may
possess and hold any part of the territory of the state for the common safety;
and in time of peace the General Assembly may authorize the appropriation of the
same to public purposes, such as the opening of roads, construction of defenses,
or
providing channels for trade or
travel, and
such other public purposes as defined in this Code and as limited by Code
Section
22-1-9."
SECTION
2.
Said
chapter is further amended by adding a new Code section to the end of such
chapter to read as follows:
"22-1-9.
(a)
Pursuant to Article I, Section III, Paragraph I of the Constitution, the General
Assembly is authorized to determine what constitutes a public purpose with
respect to the power of eminent domain. A public purpose shall be as defined by
general law as provided by this Code, but in no event shall a public purpose be
construed to include the exercise of eminent domain solely or primarily for the
purpose of improving the tax base or the purpose of economic development. This
shall include condemning property for the purpose of transferring such property
to a private developer, corporation, or other entity solely or primarily to
attempt to expand the tax base, increase the taxable value of the property, or
promote economic development.
(b)
To the greatest extent possible, this Code section shall be construed in accord
with existing statutes authorizing the power of eminent domain for purposes of
community redevelopment, including, but not limited to, Article 1 of Chapter 3
of Title 8, the 'Housing Authorities Law'; Chapter 42 of Title 36, the 'Downtown
Development Authorities Law'; Chapter 44 of Title 36, the 'Redevelopment Powers
Law'; and Chapter 61 of Title 36, the 'Urban Redevelopment Law.' However, it is
the intent of the General Assembly that the private property rights of residents
and businesses should be protected over the interests of private developers and
corporations. Therefore, it is further the intent of the General Assembly that
the power of eminent domain for purposes of community redevelopment be used
sparingly; and such laws shall be strictly and narrowly construed for use solely
on legitimate redevelopment projects. In the event of a conflict between this
Code section and an existing statute authorizing the power of eminent domain for
purposes of community redevelopment, this Code section shall control and shall
be strictly construed to protect the private property rights of residents and
businesses over the interests of private developers and
corporations."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.