sr457_Adopted_Senate_3.html
05 LC 18 4390
Senate Resolution 457
By: Senators Pearson of the 51st, Balfour of the 9th, Smith of the 52nd, Schaefer of the 50th and Rogers of the 21st

ADOPTED SENATE

A RESOLUTION

Creating the Senate Inverse Condemnation Study Committee; and for other purposes.

WHEREAS, private property rights are impacted adversely by the exercise of eminent domain and condemnation; and

WHEREAS, such rights are often further impacted when government agencies utilize inverse condemnation without the formal exercise of the power of eminent domain; and

WHEREAS, a study of current eminent domain practices is necessary to determine whether additional general law regulation of inverse condemnation and eminent domain are needed to protect private property rights.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Inverse Condemnation Study Committee to be composed of seven members of the Senate to be appointed by the Senate Committee on Assignments. The Senate Committee on Assignments shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.