25 LC 47 3424S
The House Committee on Public Safety and Homeland Security offers the following
substitute to HB 295:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to1
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
"36-60-33.16
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(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 the governing authority of a county, municipality, or23
consolidated government.24
(3) 'Owner' means the holder of either fee simple title or a leasehold to a parcel of real25
property; provided, however, that, in the event that a leaseholder to a particular parcel of26
property filed a claim pursuant to this Code section, the holder of the underlying fee title27
in the same parcel shall not also be qualified as an owner of such parcel under this Code28
section.29
(4) 'Policy, pattern, or practice' means a pervasive, systemic, or organized standard30
operation procedure of a generalized nature, but shall not include accidental, isolated, or31
sporadic acts.32
(b) In addition to any other remedial procedures provided by law, and notwithstanding any33
provisions of Chapters 11, 33, and 92 of this title or Chapter 21 of Title 50 to the contrary,34
the owner of a parcel of real property may submit a written claim for compensation to the35
local government in which such real property is located if:36
(1) The local government adopts and enforces a policy, pattern, or practice of:37
(A) Failing to comply with Code Section 36-80-23, relating to prohibitions on38
immigration sanctuary policies, or Chapter 36 of Title 50, relating to verification of39
lawful presence within the Unites States; or40
(B) Declining to enforce existing laws, ordinances, or other legislation prohibiting:41
(i) Illegal public camping;42
(ii) Loitering;43
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(iii) Obstructing public thoroughfares;44
(iv) Panhandling;45
(v) Possession or use of controlled substances in violation of Chapter 13 of Title 16;46
(vi) Shoplifting; or47
(vii) Public intoxication or public urination while trespassing on private property; or48
(2) The local government maintains a public nuisance, and:49
(A) The owner incurs documented expenses to mitigate the effects of such policy,50
pattern, practice, or public nuisance on the owner's real property; or51
(B) The fair market value of the owner's real property is reduced by such policy,52
pattern, practice, or public nuisance.53
(c) The amount of compensation to which the owner is entitled pursuant to this Code54
section shall be, at the owner's election, equal to:55
(1) The documented expenses incurred by the owner that were reasonably necessary, at56
the discretion of the owner, to mitigate the effects of the policy, pattern, practice, or57
maintenance of a public nuisance to the owner's real property; or58
(2) The reduction in fair market value of the property resulting from the local59
government's policy, pattern, practice, or maintenance of a public nuisance.60
(d)(1) Except as otherwise provided in this Code section, claims for compensation61
pursuant to this Code section shall be administered in accordance with Code Section62
48-5-380. A claim made pursuant to this Code section shall be in writing, shall state the63
measure of compensation being elected by the owner, and shall state the policy, pattern,64
practice, or public nuisance which caused:65
(A) The owner to incur expenses reasonably necessary to mitigate the effects of such66
policy, pattern, practice, or public nuisance; or67
(B) The reduction in fair market value of the property.68
A claim shall also state and itemize the monetary value of such incurred expenses or69
reduction in fair market value and describe the specific consequences of the local70
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government's policy, pattern, practice, or public nuisance that form the factual basis of71
the owner's claim.72
(2) A claim shall be presented to a local government within 24 months of the happening73
of an event upon which the claim is predicated.74
(3) Upon the presentation of a claim pursuant to this Code section, the governing75
authority of the local government shall consider and act upon the claim within 30 days76
from the presentation.77
(4) If the local government accepts the claim, it shall pay the compensation established78
pursuant to this Code section to the owner within 30 days of accepting the claim and79
claim shall be satisfied.80
(5)(A) If the local government rejects or does not respond to the claim within 30 days81
of its presentation, the owner may bring an action against the local government in the82
superior court having jurisdiction over such local government.83
(B) A claim filed pursuant to this Code section that is rejected or not responded to by84
a local government shall act as a notice of claim or ante litem notice otherwise required85
by law, and no additional notices provided for by Chapters 11, 33, and 92 of this title86
or Chapter 21 of Title 50 shall be required, regardless of whether or not the owner87
pursues remedies pursuant to this Code section or as otherwise authorized by law.88
(C) If an action is brought against a local government pursuant to this paragraph, the89
local government shall bear the burden of proof in demonstrating that its actions are90
lawful, that the amount of the claim is unreasonable, or that the local government took91
reasonable steps to mitigate the alleged nusiance.92
(D) In an action brought pursuant to this paragraph:93
(i) The owner shall not be liable to the local government for attorney fees or costs;94
and95
(ii) A prevailing owner shall be awarded reasonable attorney fees and costs.96
(e) The compensation paid by a local government pursuant to this Code section shall:97
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(1) Be in lieu of any other claims or causes of action the owner may have for monetary98
damages from the local government arising from the policy, pattern, practice, or99
maintenance of a public nuisance giving rise to the claim made pursuant to this Code100
section that occur prior to the date such compensation is paid; and101
(2) Not exceed the amount of ad valorem property taxes levied by such local102
government, and shall in no event include any ad valorem property taxes for educational103
purposes paid by the owner in the two tax years immediately prior to the filing of the104
claim on the real property that is the subject of such claim.105
(f) The running of any applicable statute of limitations shall be suspended during the time106
that a claim presented pursuant to this Code section is pending before such local107
government without action on their part.108
(g) An owner may submit a claim pursuant this Code section relating to a particular parcel109
of real property once per tax year.110
(h) If the policy, pattern, practice, or public nuisance remains in place after an owner111
submits a claim pursuant to this Code section, and the owner continues to suffer injury as112
a result of such continuance, the owner may file subsequent claims pursuant to this Code113
section in subsequent tax years.114
(i) Nothing in this Code section shall prohibit a local government and an owner from115
entering into a settlement agreement for an amount less than the compensation otherwise116
requested by a claim filed pursuant to this Code section.117
(j) In the event that an owner has filed two unsuccessful claims pursuant to this Code118
section for the same parcel of property that did not result in the awarding of any119
compensation, and such owner files subsequent claims for the same parcel of property, the120
local government shall recover from such owner the costs of litigation and reasonable121
attorney's fees incurred in defending any subsequent unsuccessful claims filed by such122
owner.123
(k) This Code section shall not apply to:124
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(1) Decisions by local government officials exercising prosecutorial discretion to not125
prosecute alleged offenders if such discretion is exercised on a case-by-case basis and the126
justification for each such decision are published on a monthly basis by the local127
government;128
(2) Acts of executive clemency;129
(3) Acts or omission mandated by federal or state law; and130
(4) Actions taken by district attorneys, solicitors-general, or other elected county officers131
not subject to the control of the governing authority of a local government or the132
employees of such officers.133
(l) The General Assembly hereby waives the sovereign immunity of local government to134
the extent necessary to effectuate this Code section."135
SECTION 2.136
All laws and parts of laws in conflict with this Act are repealed.137
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