Eminent Domain - Watch out for SB-414
Expect a rash of bills associated with eminent domain powers
during this Legislative Session and be wary of them. There are four
clauses in the Georgia Constitution that provide the wording that
allows seizure of your property for "private use" and any bill that
does not close one or more of these loopholes is just "lip service."
Either private property can be or can not be seized by your
government for "private developer use." The only solution that
protects YOUR property is one that provides a Constitutional
Amendment to close the loopholes! Such a bill has been filed and it
is HR - 87.
SB-414 is being passed off as a Rural Georgia Development Act,
but it has the potential of becoming a gated community benefits act
and should be rejected by the General Assembly.
Some points in the bill that you need to consider are:
1) It creates a new form of local government, that has its own
taxing and eminent domain powers. But for a fairly lengthy period
election of officials is by one vote per acre. So now consider who
owns title to a development.
(2) At such meeting, each landowner
shall be entitled to cast one vote per acre of land owned by him or
her located within the district for each person to be elected.
2) Elected officials from this dubious election method do not
have to live in the "district." They just have to have friends who
own enough acres to elect them. Image your local "mayor" living in
The members of the board must be
residents of the state and citizens of the United States.
3) These new "districts" can exercise the power of eminent
(7) To hold, control, and
acquire by donation, purchase, or condemnation, or dispose of, any public easements,
dedications to public use, platted reservations for public
purposes, or any reservations for those
purposes authorized by this chapter and to make use of such
easements, dedications, or reservations for any of the
purposes authorized by this chapter; When real property
in the district is owned by a governmental entity and subject
to a ground lease as described in paragraph (12) of Code
Section 36-76-2, to collect ground rent from landowners
pursuant to a contract with such governmental entity;
This is not economic development that will benefit rural
Georgia. This is a gated community and developer effort to take
choice land and set up elite communities and it increases eminent
Instead of closing one of the four loopholes on abuse of
eminent domain, it will create a 5th!
This bill should NOT be passed.
The bill text is located at: http://www.legis.state.ga.us/legis/2005_06//versions/sb414_As_introduced_LC_28_2719_2.htm