|
|
| Vanderhoff Real Estate's North Fulton Blog
|
|
|
Tuesday, November 14, 2006
Eminent Domain: Georgia Voters Choose To Protect Their Property Rights
Georgia Citizens vote "yes" to place limits on the power of eminent domain in their state. So what does this mean for us, as Georgia State Property Owners? HR 1306 is Governor Perdue’s effort to correct some problems in the state constitution. HR 1306 appeared on this fall’s general election ballot as Amendment 1. The amendment requires that the people’s elected officials cast a vote to authorize the use of eminent domain. Formerly, this power could be asserted by appointed officials. Amendment 1 further restricts the exercise of eminent domain to clean up an existing harm. These changes mean that when government uses its power of eminent domain that it will not be simply to raise more tax revenue.
Governor Perdue's proposed legislation is a national benchmark for states that wish to protect their citizens from abuse by government. His legislation follows on the heals of last year's Supreme Court decision that allowed the New London Development Corporation to take the property of Susette Kelo in order to transfer the property to someone who could pay more in taxes. Fortunately, the decision invited states to revisit their own eminent domain statutes and set the standards the legislature felt appropriate.
Governor Sonny Perdue announced immediately after the decision that he intended to propose changes to Georgia’s law in order to protect property owners from abuse. He introduced House Bill 1313 and House Resolution 1306 to protect Georgia’s property owners. HB 1313 closed the blight loophole in Georgis law. Prior to its adoption, blight was defined by the government agency taking the property, now blight is defined in state law. HB 1313 also outlined the procedures that the government must comply with when exercising its eminent domain authority. It also shifts the burden of proof to the government.
Again, what does this all mean for We, The People of Georgia? It means greater protection for your property rights...your home, business & land.
|
|
|
