HB295: HB295 Local government; procedures for real property owners to make claims for compensation for loss of property value or expenses incurred; provisions

Georgia law does not currently give property owners a specific way to seek money from their county or city government when officials decline to enforce laws against things like public camping, loitering, panhandling, drug use, shoplifting, or public intoxication, or when a local government lets a public nuisance persist on nearby property. House Bill 295 creates that process. Owners can file a written claim seeking either their documented mitigation expenses or the drop in their property's fair market value, capped at the property taxes they paid to that local government the prior year. Local governments must act on a claim within 30 days; if they reject it or ignore it, the owner can sue in superior court, where the government carries the burden of proof and a winning owner recovers attorney fees. Owners who file repeated unsuccessful claims on the same property must pay the government's litigation costs. The statute of limitations pauses while a claim is pending, and the General Assembly waives local governments' sovereign immunity for this purpose. The bill also lets anyone harmed by a local government's violation of the state's immigration sanctuary ban or a jail's noncompliance with federal immigration detainer requests seek a priority mandamus order from a superior court.

• Creates a new legal process (O.C.G.A. § 36-60-34) letting real property owners file written compensation claims against local governments for lost property value or mitigation expenses.
• Applies when a local government has a pattern of not enforcing laws on camping, loitering, panhandling, drug possession, shoplifting, or public intoxication, or maintains a public nuisance, or violates the state's immigration sanctuary ban.
• Requires local governments to decide claims within 30 days and pay accepted claims within 30 more days, or face a lawsuit in superior court where the government bears the burden of proof.
• Caps compensation at the amount of property taxes the owner paid to that local government the prior year and lets an owner file once per tax year per parcel.
• Requires owners who lose repeated claims on the same property to pay the local government's litigation costs and attorney's fees.
• Allows anyone harmed by a local government's violation of the immigration sanctuary ban or a jail's failure to honor federal immigration detainer notices to seek priority mandamus relief in superior court.

Real property owners across Georgia who want to file claims; county, municipal, and consolidated governments, which face new financial exposure and a 30 day response deadline; sheriffs, wardens, police chiefs, and prison commissioners who handle immigration detainer notices; and superior courts, which would hear the new compensation and mandamus lawsuits.

Property owners near unenforced public nuisances or crime-related conditions would gain a direct financial remedy against their local government instead of relying on general lawsuits, while local governments would face new claim deadlines, potential payouts limited to a year's property taxes, and possible attorney fee awards if they lose in court.

• Section 1 adds O.C.G.A. § 36-60-34, defining fair market value, local government, owner, and 'policy, pattern, or practice,' and setting the grounds for a compensation claim.
• Subsection (c) lets the owner choose compensation equal to either documented mitigation expenses or the reduction in the property's fair market value.
• Subsection (d) requires local governments to act on a claim within 30 days, pay within 30 days of acceptance, and puts the burden of proof on the government if the owner sues after a rejection or non-response.
• Subsection (e) caps compensation at the amount of ad valorem (property) taxes the owner paid to the local government the prior year.
• Subsection (j) requires an owner with repeated unsuccessful claims on the same parcel to pay the local government's litigation costs and attorney's fees.
• Subsection (k) exempts case-by-case prosecutorial discretion decisions (if published monthly), executive clemency, and acts required by federal or state law from the claim process.
• Subsection (l) waives local governments' sovereign immunity to the extent needed to carry out this claims process.
• Section 2 adds mandamus relief with docket priority for violations of the state's immigration sanctuary ban (O.C.G.A. § 36-80-23); Section 3 adds the same mandamus remedy for violations of the immigration detainer law (O.C.G.A. § 42-1-11.5).

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 713
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02Senate Agreed House Amend or Sub (Senate)
6. 2026-04-02House Agreed Senate Amend or Sub As Amended (House)
7. 2026-04-02Senate Passed/Adopted As Amended (Senate)
8. 2026-04-02Senate Third Read (Senate)

• Houston Gaines (R, HD-120)Primary sponsor
• Rob Leverett (R, HD-123)
• Clint Crowe (R, HD-118)
• Jan Jones (R, HD-047)
• Victor Anderson (R, HD-010)
• Jesse Petrea (R, HD-166)
• Clint Dixon (R, SD-045)

1. PassedHouse voteMarch 4, 2026

   98 yea, 75 nay (2 not voting, 2 absent)

   Passage: House Vote #612

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

3. FailedSenate voteApril 2, 2026

   23 yea, 30 nay (0 not voting, 1 absent)

   Motion To Table: Senate Vote #934

4. PassedSenate voteApril 2, 2026

   32 yea, 21 nay (0 not voting, 1 absent)

   Motion For The Previous Question: Senate Vote #935

5. PassedSenate voteApril 2, 2026

   29 yea, 24 nay (0 not voting, 1 absent)

   Adoption Of The Amendment By The Sen From The 19th As Amended: Senate Vote #936

6. PassedSenate voteApril 2, 2026

   44 yea, 9 nay (0 not voting, 1 absent)

   Adoption Of Amendment #3 By The Senator From The 45th: Senate Vote #937

7. PassedSenate voteApril 2, 2026

   30 yea, 22 nay (1 not voting, 1 absent)

   Passage As Amended: Senate Vote #938

8. PassedHouse voteApril 2, 2026

   93 yea, 76 nay (2 not voting, 5 absent)

   Agree To Senate Amend As Ham: House Vote #866

9. PassedSenate voteApril 3, 2026

   34 yea, 19 nay (0 not voting, 1 absent)

   Agree To House Amendment To Senate Amendment: Senate Vote #987

• local government liability
• property rights
• public nuisance law
• immigration sanctuary policies
• property tax compensation