Bill > HB295

This bill establishes a new process for real property owners in Georgia to seek compensation from local governments (counties and cities) when their property value decreases or they incur expenses due to the local government's failure to enforce certain laws or its maintenance of a public nuisance. "Fair market value" is defined as the price a willing buyer and seller would agree upon in an open market. An "owner" can be someone with fee simple title or a leaseholder, but not both for the same property. A "policy, pattern, or practice" refers to a consistent, widespread approach by the local government, not isolated incidents. Owners can file a claim if a local government has a pattern of not complying with laws against immigration sanctuary policies or verifying lawful presence, or if they fail to enforce laws against issues like illegal camping, loitering, obstructing public areas, panhandling, drug possession, shoplifting, or public intoxication/urination on private property. Alternatively, claims can be made if a local government maintains a public nuisance that causes documented expenses for the owner to mitigate its effects or reduces the property's fair market value. The compensation sought can be either the documented mitigation expenses or the reduction in fair market value, with a cap on the compensation amount equal to the prior year's property taxes paid on the parcel. Claims must be submitted in writing within the tax year the events occurred, and local governments have 30 days to respond. If a claim is rejected or not acted upon, the owner can sue in superior court, and the local government bears the burden of proof to show their actions were lawful or reasonable, with prevailing owners awarded attorney fees. The bill also suspends statutes of limitations while claims are pending and waives sovereign immunity for local governments to allow these claims. Exceptions exist for prosecutorial discretion, acts of clemency, mandated actions, and actions by elected county officers not controlled by the local governing authority.

Justice

https://www.legis.ga.gov/legislation/69969