GA
Georgia House Bill HB295

Georgia 2025-2026 Regular Session

Georgia House Bill HB295 Compare Versions

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1-25 LC 47 3424S
2-The House Committee on Public Safety and Homeland Security offers the following
3-substitute to HB 295:
1+25 LC 47 3298
2+House Bill 295
3+By: Representatives Gaines of the 120
4+th
5+, Leverett of the 123
6+rd
7+, Crowe of the 118
8+th
9+, Jones of
10+the 47
11+th
12+, Anderson of the 10
13+th
14+, and others
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to1
17+To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to
18+1
719 general provisions applicable to counties and municipal corporations, so as to provide2
820 procedures for real property owners to make claims for compensation from local3
921 governments for loss of property value or expenses incurred due to the local government's4
1022 failure to comply with or nonenforcement of certain laws, ordinances, and resolutions or due5
1123 to the local government maintaining a public nuisance; to provide for definitions; to provide6
1224 judicial remedies if such claims are rejected or not acted upon by local governments; to toll7
1325 applicable statutes of limitations while such claims are being considered by local8
1426 governments; to provide for exceptions and limitations; to waive sovereign immunity; to9
1527 provide for related matters; to repeal conflicting laws; and for other purposes.10
1628 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
1729 SECTION 1.12
1830 Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general13
1931 provisions applicable to counties and municipal corporations, is amended by adding a new14
2032 Code section to read as follows:15
33+H. B. 295
34+- 1 - 25 LC 47 3298
2135 "36-60-33.16
22- H. B. 295 (SUB)
23-- 1 - 25 LC 47 3424S
2436 (a) As used in this Code section, the term:17
2537 (1) 'Fair market value' means the probable sales price that would be agreed upon for a18
2638 parcel of real property by a buyer and seller on the open market with a reasonable amount19
2739 of time for the parcel to be listed for sale or otherwise offered for sale on the open20
2840 market, with the buyer having knowledge of all the uses and purposes to which the parcel21
2941 is adapted and for which it is capable.22
30-(2) 'Local government' means the governing authority of a county, municipality, or23
31-consolidated government.24
32-(3) 'Owner' means the holder of either fee simple title or a leasehold to a parcel of real25
33-property; provided, however, that, in the event that a leaseholder to a particular parcel of26
34-property filed a claim pursuant to this Code section, the holder of the underlying fee title27
35-in the same parcel shall not also be qualified as an owner of such parcel under this Code28
36-section.29
37-(4) 'Policy, pattern, or practice' means a pervasive, systemic, or organized standard30
38-operation procedure of a generalized nature, but shall not include accidental, isolated, or31
39-sporadic acts.32
40-(b) In addition to any other remedial procedures provided by law, and notwithstanding any33
41-provisions of Chapters 11, 33, and 92 of this title or Chapter 21 of Title 50 to the contrary,34
42-the owner of a parcel of real property may submit a written claim for compensation to the35
43-local government in which such real property is located if:36
44-(1) The local government adopts and enforces a policy, pattern, or practice of:37
45-(A) Failing to comply with Code Section 36-80-23, relating to prohibitions on38
46-immigration sanctuary policies, or Chapter 36 of Title 50, relating to verification of39
47-lawful presence within the Unites States; or40
48-(B) Declining to enforce existing laws, ordinances, or other legislation prohibiting:41
49-(i) Illegal public camping;42
50-(ii) Loitering;43
51- H. B. 295 (SUB)
52-- 2 - 25 LC 47 3424S
53-(iii) Obstructing public thoroughfares;44
54-(iv) Panhandling;45
55-(v) Possession or use of controlled substances in violation of Chapter 13 of Title 16;46
56-(vi) Shoplifting; or47
57-(vii) Public intoxication or public urination while trespassing on private property; or48
58-(2) The local government maintains a public nuisance, and:49
59-(A) The owner incurs documented expenses to mitigate the effects of such policy,50
60-pattern, practice, or public nuisance on the owner's real property; or51
61-(B) The fair market value of the owner's real property is reduced by such policy,52
62-pattern, practice, or public nuisance.53
63-(c) The amount of compensation to which the owner is entitled pursuant to this Code54
64-section shall be, at the owner's election, equal to:55
65-(1) The documented expenses incurred by the owner that were reasonably necessary, at56
66-the discretion of the owner, to mitigate the effects of the policy, pattern, practice, or57
67-maintenance of a public nuisance to the owner's real property; or58
68-(2) The reduction in fair market value of the property resulting from the local59
69-government's policy, pattern, practice, or maintenance of a public nuisance.60
70-(d)(1) Except as otherwise provided in this Code section, claims for compensation61
71-pursuant to this Code section shall be administered in accordance with Code Section62
72-48-5-380. A claim made pursuant to this Code section shall be in writing, shall state the63
73-measure of compensation being elected by the owner, and shall state the policy, pattern,64
74-practice, or public nuisance which caused:65
75-(A) The owner to incur expenses reasonably necessary to mitigate the effects of such66
76-policy, pattern, practice, or public nuisance; or67
77-(B) The reduction in fair market value of the property.68
78-A claim shall also state and itemize the monetary value of such incurred expenses or69
79-reduction in fair market value and describe the specific consequences of the local70
80- H. B. 295 (SUB)
81-- 3 - 25 LC 47 3424S
82-government's policy, pattern, practice, or public nuisance that form the factual basis of71
83-the owner's claim.72
84-(2) A claim shall be presented to a local government within 24 months of the happening73
85-of an event upon which the claim is predicated.74
86-(3) Upon the presentation of a claim pursuant to this Code section, the governing75
87-authority of the local government shall consider and act upon the claim within 30 days76
88-from the presentation.77
89-(4) If the local government accepts the claim, it shall pay the compensation established78
90-pursuant to this Code section to the owner within 30 days of accepting the claim and79
91-claim shall be satisfied.80
92-(5)(A) If the local government rejects or does not respond to the claim within 30 days81
93-of its presentation, the owner may bring an action against the local government in the82
94-superior court having jurisdiction over such local government.83
95-(B) A claim filed pursuant to this Code section that is rejected or not responded to by84
96-a local government shall act as a notice of claim or ante litem notice otherwise required85
97-by law, and no additional notices provided for by Chapters 11, 33, and 92 of this title86
98-or Chapter 21 of Title 50 shall be required, regardless of whether or not the owner87
99-pursues remedies pursuant to this Code section or as otherwise authorized by law.88
100-(C) If an action is brought against a local government pursuant to this paragraph, the89
101-local government shall bear the burden of proof in demonstrating that its actions are90
102-lawful, that the amount of the claim is unreasonable, or that the local government took91
103-reasonable steps to mitigate the alleged nusiance.92
104-(D) In an action brought pursuant to this paragraph:93
105-(i) The owner shall not be liable to the local government for attorney fees or costs;94
106-and95
107-(ii) A prevailing owner shall be awarded reasonable attorney fees and costs.96
108-(e) The compensation paid by a local government pursuant to this Code section shall:97
109- H. B. 295 (SUB)
110-- 4 - 25 LC 47 3424S
111-(1) Be in lieu of any other claims or causes of action the owner may have for monetary98
112-damages from the local government arising from the policy, pattern, practice, or99
113-maintenance of a public nuisance giving rise to the claim made pursuant to this Code100
114-section that occur prior to the date such compensation is paid; and101
115-(2) Not exceed the amount of ad valorem property taxes levied by such local102
116-government, and shall in no event include any ad valorem property taxes for educational103
117-purposes paid by the owner in the two tax years immediately prior to the filing of the104
118-claim on the real property that is the subject of such claim.105
119-(f) The running of any applicable statute of limitations shall be suspended during the time106
120-that a claim presented pursuant to this Code section is pending before such local107
121-government without action on their part.108
122-(g) An owner may submit a claim pursuant this Code section relating to a particular parcel109
123-of real property once per tax year.110
124-(h) If the policy, pattern, practice, or public nuisance remains in place after an owner111
125-submits a claim pursuant to this Code section, and the owner continues to suffer injury as112
126-a result of such continuance, the owner may file subsequent claims pursuant to this Code113
127-section in subsequent tax years.114
128-(i) Nothing in this Code section shall prohibit a local government and an owner from115
129-entering into a settlement agreement for an amount less than the compensation otherwise116
130-requested by a claim filed pursuant to this Code section.117
131-(j) In the event that an owner has filed two unsuccessful claims pursuant to this Code118
132-section for the same parcel of property that did not result in the awarding of any119
133-compensation, and such owner files subsequent claims for the same parcel of property, the120
134-local government shall recover from such owner the costs of litigation and reasonable121
135-attorney's fees incurred in defending any subsequent unsuccessful claims filed by such122
136-owner.123
137-(k) This Code section shall not apply to:124
138- H. B. 295 (SUB)
139-- 5 - 25 LC 47 3424S
140-(1) Decisions by local government officials exercising prosecutorial discretion to not125
141-prosecute alleged offenders if such discretion is exercised on a case-by-case basis and the126
142-justification for each such decision are published on a monthly basis by the local127
143-government;128
144-(2) Acts of executive clemency;129
145-(3) Acts or omission mandated by federal or state law; and130
146-(4) Actions taken by district attorneys, solicitors-general, or other elected county officers131
147-not subject to the control of the governing authority of a local government or the132
148-employees of such officers.133
149-(l) The General Assembly hereby waives the sovereign immunity of local government to134
150-the extent necessary to effectuate this Code section."135
151-SECTION 2.136
152-All laws and parts of laws in conflict with this Act are repealed.137
153- H. B. 295 (SUB)
42+(2) 'Local government' means a county, municipality, or consolidated government.23
43+(3) 'Owner' means the holder of either fee simple title or a leasehold to a parcel of real24
44+property; provided, however, that, in the event that a leaseholder to a particular parcel of25
45+property filed a claim pursuant to this Code section, the holder of the underlying fee title26
46+in the same parcel shall not also be qualified as an owner of such parcel under this Code27
47+section.28
48+(b) In addition to any other remedial procedures provided by law, and notwithstanding any29
49+provisions of Chapters 11, 33, and 92 of this title or Chapter 21 of Title 50 to the contrary,30
50+the owner of a parcel of real property may submit a written claim for compensation to the31
51+local government in which such real property is located if:32
52+(1) The local government adopts and enforces a policy, pattern, or practice of:33
53+(A) Failing to comply with Code Section 36-80-23, relating to prohibitions on34
54+immigration sanctuary policies, or Chapter 36 of Title 50, relating to verification of35
55+lawful presence within the Unites States; or36
56+(B) Declining to enforce existing laws, ordinances, or other legislation prohibiting:37
57+(i) Illegal public camping;38
58+(ii) Loitering;39
59+(iii) Obstructing public thoroughfares;40
60+(iv) Panhandling;41
61+(v) Possession or use of controlled substances in violation of Chapter 13 of Title 16; 42
62+H. B. 295
63+- 2 - 25 LC 47 3298
64+(vi) Shoplifting; or43
65+(vii) Public intoxication or public urination while trespassing on private property; or44
66+(2) The local government maintains a public nuisance, and:45
67+(A) The owner incurs documented expenses to mitigate the effects of such policy,46
68+pattern, practice, or public nuisance on the owner's real property; or47
69+(B) The fair market value of the owner's real property is reduced by such policy,48
70+pattern, practice, or public nuisance.49
71+(c) The amount of compensation to which the owner is entitled pursuant to this Code50
72+section shall be, at the owner's election, equal to:51
73+(1) The documented expenses incurred by the owner that were reasonably necessary, at52
74+the discretion of the owner, to mitigate the effects of the policy, pattern, practice, or53
75+maintenance of a public nuisance to the owner's real property; or54
76+(2) The reduction in fair market value of the property resulting from the local55
77+government's policy, pattern, practice, or maintenance of a public nuisance.56
78+(d)(1) A claim made pursuant to this Code section shall be in writing, shall state the57
79+measure of compensation being elected by the owner, and shall state the policy, pattern,58
80+practice, or public nuisance which caused:59
81+(A) The owner to incur expenses reasonably necessary to mitigate the effects of such60
82+policy, pattern, practice, or public nuisance; or61
83+(B) The reduction in fair market value of the property.62
84+A claim shall also state and itemize the monetary value of such incurred expenses or63
85+reduction in fair market value and describe the specific consequences of the local64
86+government's policy, pattern, practice, or public nuisance that form the factual basis of65
87+the owner's claim.66
88+(2) A claim shall be presented to a local government within 24 months of the happening67
89+of an event upon which the claim is predicated.68
90+H. B. 295
91+- 3 - 25 LC 47 3298
92+(3) Upon the presentation of a claim pursuant to this Code section, the governing69
93+authority of the local government shall consider and act upon the claim within 30 days70
94+from the presentation.71
95+(4) If the local government accepts the claim, it shall pay the compensation established72
96+pursuant to this Code section to the owner within 30 days of accepting the claim and73
97+claim shall be satisfied.74
98+(5)(A) If the local government rejects or does not respond to the claim within 30 days75
99+of its presentation, the owner may bring an action against the local government in the76
100+superior court having jurisdiction over such local government.77
101+(B) A claim filed pursuant to this Code section that is rejected or not responded to by78
102+a local government shall act as a notice of claim or ante litem notice otherwise required79
103+by law, and no additional notices provided for by Chapters 11, 33, and 92 of this title80
104+or Chapter 21 of Title 50 shall be required, regardless of whether or not the owner81
105+pursues remedies pursuant to this Code section or as otherwise authorized by law.82
106+(C) If an action is brought against a local government pursuant to this paragraph, the83
107+local government shall bear the burden of proof in demonstrating that its actions are84
108+lawful or that the amount of the claim is unreasonable.85
109+(D) In an action brought pursuant to this paragraph:86
110+(i) The owner shall not be liable to the local government for attorney fees or costs;87
111+and88
112+(ii) A prevailing owner shall be awarded reasonable attorney fees and costs.89
113+(e) The compensation paid by a local government pursuant to this Code section shall:90
114+(1) Be in lieu of any other claims or causes of action the owner may have for monetary91
115+damages from the local government arising from the policy, pattern, practice, or92
116+maintenance of a public nuisance giving rise to the claim made pursuant to this Code93
117+section that occur prior to the date such compensation is paid; and94
118+H. B. 295
119+- 4 - 25 LC 47 3298
120+(2) Not exceed the amount of ad valorem property taxes paid by the owner in the two tax95
121+years immediately prior to the filing of the claim on the real property that is the subject96
122+of such claim.97
123+(f) The running of any applicable statute of limitations shall be suspended during the time98
124+that a claim presented pursuant to this Code section is pending before such local99
125+government without action on their part.100
126+(g) An owner may submit a claim pursuant this Code section relating to a particular parcel101
127+of real property once per tax year.102
128+(h) If the policy, pattern, practice, or public nuisance remains in place after an owner103
129+submits a claim pursuant to this Code section, and the owner continues to suffer injury as104
130+a result of such continuance, the owner may file subsequent claims pursuant to this Code105
131+section in subsequent tax years.106
132+(i) Nothing in this Code section shall prohibit a local government and an owner from107
133+entering into a settlement agreement for an amount less than the compensation otherwise108
134+requested by a claim filed pursuant to this Code section.109
135+(j) This Code section shall not apply to:110
136+(1) Decisions by local government officials exercising prosecutorial discretion to not111
137+prosecute alleged offenders if such discretion is exercised on a case-by-case basis and the112
138+justification for each such decision are published on a monthly basis by the local113
139+government;114
140+(2) Acts of executive clemency;115
141+(3) Acts or omission mandated by federal or state law; and116
142+(4) Actions taken by district attorneys, solicitors-general, or other elected county officers117
143+not subject to the control of the governing authority of a local government.118
144+(k) The General Assembly hereby waives the sovereign immunity of local government to119
145+the extent necessary to effectuate this Code section."120
146+H. B. 295
147+- 5 - 25 LC 47 3298
148+SECTION 2.
149+121
150+All laws and parts of laws in conflict with this Act are repealed.122
151+H. B. 295
154152 - 6 -