25 LC 47 3298
House Bill 295
By: Representatives Gaines of the 120
th
, Leverett of the 123
rd
, Crowe of the 118
th
, Jones of
the 47
th
, Anderson of the 10
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to
1
general provisions applicable to counties and municipal corporations, so as to provide2
procedures for real property owners to make claims for compensation from local3
governments for loss of property value or expenses incurred due to the local government's4
failure to comply with or nonenforcement of certain laws, ordinances, and resolutions or due5
to the local government maintaining a public nuisance; to provide for definitions; to provide6
judicial remedies if such claims are rejected or not acted upon by local governments; to toll7
applicable statutes of limitations while such claims are being considered by local8
governments; to provide for exceptions and limitations; to waive sovereign immunity; to9
provide for related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general13
provisions applicable to counties and municipal corporations, is amended by adding a new14
Code section to read as follows:15
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"36-60-33.16
(a) As used in this Code section, the term:17
(1) 'Fair market value' means the probable sales price that would be agreed upon for a18
parcel of real property by a buyer and seller on the open market with a reasonable amount19
of time for the parcel to be listed for sale or otherwise offered for sale on the open20
market, with the buyer having knowledge of all the uses and purposes to which the parcel21
is adapted and for which it is capable.22
(2) 'Local government' means a county, municipality, or consolidated government.23
(3) 'Owner' means the holder of either fee simple title or a leasehold to a parcel of real24
property; provided, however, that, in the event that a leaseholder to a particular parcel of25
property filed a claim pursuant to this Code section, the holder of the underlying fee title26
in the same parcel shall not also be qualified as an owner of such parcel under this Code27
section.28
(b) In addition to any other remedial procedures provided by law, and notwithstanding any29
provisions of Chapters 11, 33, and 92 of this title or Chapter 21 of Title 50 to the contrary,30
the owner of a parcel of real property may submit a written claim for compensation to the31
local government in which such real property is located if:32
(1) The local government adopts and enforces a policy, pattern, or practice of:33
(A) Failing to comply with Code Section 36-80-23, relating to prohibitions on34
immigration sanctuary policies, or Chapter 36 of Title 50, relating to verification of35
lawful presence within the Unites States; or36
(B) Declining to enforce existing laws, ordinances, or other legislation prohibiting:37
(i) Illegal public camping;38
(ii) Loitering;39
(iii) Obstructing public thoroughfares;40
(iv) Panhandling;41
(v) Possession or use of controlled substances in violation of Chapter 13 of Title 16; 42
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(vi) Shoplifting; or43
(vii) Public intoxication or public urination while trespassing on private property; or44
(2) The local government maintains a public nuisance, and:45
(A) The owner incurs documented expenses to mitigate the effects of such policy,46
pattern, practice, or public nuisance on the owner's real property; or47
(B) The fair market value of the owner's real property is reduced by such policy,48
pattern, practice, or public nuisance.49
(c) The amount of compensation to which the owner is entitled pursuant to this Code50
section shall be, at the owner's election, equal to:51
(1) The documented expenses incurred by the owner that were reasonably necessary, at52
the discretion of the owner, to mitigate the effects of the policy, pattern, practice, or53
maintenance of a public nuisance to the owner's real property; or54
(2) The reduction in fair market value of the property resulting from the local55
government's policy, pattern, practice, or maintenance of a public nuisance.56
(d)(1) A claim made pursuant to this Code section shall be in writing, shall state the57
measure of compensation being elected by the owner, and shall state the policy, pattern,58
practice, or public nuisance which caused:59
(A) The owner to incur expenses reasonably necessary to mitigate the effects of such60
policy, pattern, practice, or public nuisance; or61
(B) The reduction in fair market value of the property.62
A claim shall also state and itemize the monetary value of such incurred expenses or63
reduction in fair market value and describe the specific consequences of the local64
government's policy, pattern, practice, or public nuisance that form the factual basis of65
the owner's claim.66
(2) A claim shall be presented to a local government within 24 months of the happening67
of an event upon which the claim is predicated.68
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(3) Upon the presentation of a claim pursuant to this Code section, the governing69
authority of the local government shall consider and act upon the claim within 30 days70
from the presentation.71
(4) If the local government accepts the claim, it shall pay the compensation established72
pursuant to this Code section to the owner within 30 days of accepting the claim and73
claim shall be satisfied.74
(5)(A) If the local government rejects or does not respond to the claim within 30 days75
of its presentation, the owner may bring an action against the local government in the76
superior court having jurisdiction over such local government.77
(B) A claim filed pursuant to this Code section that is rejected or not responded to by78
a local government shall act as a notice of claim or ante litem notice otherwise required79
by law, and no additional notices provided for by Chapters 11, 33, and 92 of this title80
or Chapter 21 of Title 50 shall be required, regardless of whether or not the owner81
pursues remedies pursuant to this Code section or as otherwise authorized by law.82
(C) If an action is brought against a local government pursuant to this paragraph, the83
local government shall bear the burden of proof in demonstrating that its actions are84
lawful or that the amount of the claim is unreasonable.85
(D) In an action brought pursuant to this paragraph:86
(i) The owner shall not be liable to the local government for attorney fees or costs;87
and88
(ii) A prevailing owner shall be awarded reasonable attorney fees and costs.89
(e) The compensation paid by a local government pursuant to this Code section shall:90
(1) Be in lieu of any other claims or causes of action the owner may have for monetary91
damages from the local government arising from the policy, pattern, practice, or92
maintenance of a public nuisance giving rise to the claim made pursuant to this Code93
section that occur prior to the date such compensation is paid; and94
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(2) Not exceed the amount of ad valorem property taxes paid by the owner in the two tax95
years immediately prior to the filing of the claim on the real property that is the subject96
of such claim.97
(f) The running of any applicable statute of limitations shall be suspended during the time98
that a claim presented pursuant to this Code section is pending before such local99
government without action on their part.100
(g) An owner may submit a claim pursuant this Code section relating to a particular parcel101
of real property once per tax year.102
(h) If the policy, pattern, practice, or public nuisance remains in place after an owner103
submits a claim pursuant to this Code section, and the owner continues to suffer injury as104
a result of such continuance, the owner may file subsequent claims pursuant to this Code105
section in subsequent tax years.106
(i) Nothing in this Code section shall prohibit a local government and an owner from107
entering into a settlement agreement for an amount less than the compensation otherwise108
requested by a claim filed pursuant to this Code section.109
(j) This Code section shall not apply to:110
(1) Decisions by local government officials exercising prosecutorial discretion to not111
prosecute alleged offenders if such discretion is exercised on a case-by-case basis and the112
justification for each such decision are published on a monthly basis by the local113
government;114
(2) Acts of executive clemency;115
(3) Acts or omission mandated by federal or state law; and116
(4) Actions taken by district attorneys, solicitors-general, or other elected county officers117
not subject to the control of the governing authority of a local government.118
(k) The General Assembly hereby waives the sovereign immunity of local government to119
the extent necessary to effectuate this Code section."120
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SECTION 2.
121
All laws and parts of laws in conflict with this Act are repealed.122
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