08 LC 37
0604
House
Resolution 1104
By:
Representative Smith of the
168th
A
RESOLUTION
Compensating
Mr. David Rideout and providing for a state income tax exclusion with respect to
such compensation; and for other purposes.
WHEREAS,
in March of 2007, David Rideout engaged in land clearing activities on his
Treutlen County property and was advised by the Georgia Department of Natural
Resources that his activities violated certain regulations with regard to Code
Section 12-7-6(b)(15) by encroaching on the required 25 foot buffer along state
waters in two places on his property; and
WHEREAS,
on April 18, 2007, Mr. Rideout was advised by the investigating DNR employee
that he was to submit a rehabilitation plan and pay a fine of $16,894.00;
and
WHEREAS,
Mr. Rideout continued to argue that his activities were exempt from certain
requirements within the Act as his activities were related to his reforestation
efforts; and
WHEREAS,
on June 19, 2007, David Rideout agreed to pay the Georgia Department of Natural
Resources a $5,900.00 fine in order to resolve the dispute; and
WHEREAS,
on August 30, 2007, Mr. Rideout read an article in that day´s edition of
The Florida Times
Union newspaper detailing an ongoing
dispute between the Georgia Department of Natural Resources and a "developer"
regarding a tract of McIntosh County land outlining a similar situation
involving a 25 foot buffer and whether the activities of the "developer"
qualified for an exemption; and
WHEREAS,
upon further investigation and meeting with the Department of Natural Resources
employee and his supervisor and in light of the
Florida Times
Union newspaper article it was determined
that Mr. Rideout had been wrongfully fined and he should be refunded the amount
of his fine of $5,900.00; and
WHEREAS,
the Department of Natural Resources does not have a mechanism for refunding the
fine, it is only fitting and proper that Mr. Rideout be compensated for his
loss.
NOW,
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department
of Natural Resources is authorized and directed to pay the sum of $5,900.00 to
Mr. David Rideout as compensation as herein provided. Said sum shall be paid
from funds appropriated to or available to the Department of Natural Resources
and shall be in full and complete satisfaction of all claims against the state
arising out of said occurrence and shall be paid subject to the provisions of
this resolution.
BE
IT FURTHER RESOLVED that any amount received by Mr. David Rideout pursuant to
this resolution shall be excluded from his taxable net income for state income
tax purposes.