Bill > HB1315

This bill, known as the Georgia Landowners Protection Act, aims to limit the duration and frequency of local government-imposed moratoria, which are temporary suspensions of certain activities like zoning changes or permit approvals. Specifically, it establishes that such moratoria cannot exceed 180 days and prohibits their reimposition for the same type of zoning or permitting for at least 365 days after expiration, unless it's a necessary response to a declared state of emergency, natural disaster, or imminent threat to public health or safety. The bill also requires at least 30 days of public notice before a moratorium is adopted. Crucially, it waives sovereign immunity for local governments, meaning they can be sued for damages if a moratorium exceeds these limitations and causes a property owner's property value to decrease. Property owners who suffer losses, such as diminished development value, carrying costs, or increased taxes due to an overly long moratorium, can recover these damages, including attorney's fees, in court. The General Assembly finds that these extended delays contribute significantly to the rising cost of housing and that limiting them will help make homeownership more accessible.

Government Affairs

https://www.legis.ga.gov/legislation/73244