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Alpharetta, Cumming and Lake Lanier GA Real Estate

Blog by Laurie Furem
Cumming, Georgia
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Proposed legislation to limit eminent domain abuse
Posted at Alpharetta, Cumming and Lake Lanier GA Real Estate by Laurie Furem
Feb. 22, 2006

The Georgia Association of Realtors (GAR) sent a member update out today stating that the Governor has announced legislation to limit eminent domain abuse.    The legislation known as "The Private Property Protection Amendment" to the Georgia Constitution seeks to protect private property rights of Georgia citizens.

 

The legislation includes the following (cited from GAR): 

 

Only elected bodies will have the power to exercise eminent domain.

  • The definition of blight is much more narrow than current law. We are working to further tighten this key component of the bill.
  • Eminent domain could be used to condemn individual blighted properties, but could not be used to condemn blighted areas. This is a major step foreword in that property owners will have an opportunity to defend their property against allegations of blight.
  • The bill clearly states the public benefit of economic development shall not constitute a public use. This is a direct response to the Kelo decision and ensures that the citizens of Georgia are not subject to having their property condemned to make way for a private development.
  • The bill makes clear that there is no presumption that the exercise of eminent domain is for an appropriate public use. This means the burden of proof is on the condemning authority to demonstrate that your property is blighted.

     

     

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