Georgia Commons

House · Introduced · 2025-2026 Regular Session

HB 1102: Ad valorem tax; prohibit levy and sale of properties owned by certain senior citizens for failure to pay ad valorem taxes

Last action February 3, 2026 · House Second Readers

A Georgia House bill would stop counties from seizing and selling the homes of property owners age 60 and older over unpaid property taxes, as long as the owner still holds title.

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In plain language

Under current Georgia law, if a property owner falls behind on property taxes (ad valorem taxes), the county can place a lien on the property and eventually force a levy and sale to collect the debt. This bill would add a new protection for older property owners. It adds a new section to Georgia's tax code (O.C.G.A. § 48-5-382) saying that property owned by someone 60 or older cannot be seized and sold through this tax collection process, even if the owner owes back taxes and a lien has been placed on the property. That protection lasts only as long as the property stays in that person's name. If the property is sold, given away, taken through condemnation, passed to heirs, or transferred any other way, the protection ends and the new owner would not be shielded by this rule.

What the bill does

  • Adds a new Georgia law (O.C.G.A. § 48-5-382) barring the levy and sale of property owned by someone 60 or older to collect unpaid property taxes.
  • Keeps this protection in place only while the property remains titled in the qualifying owner's name.
  • Ends the protection automatically once the property changes hands through sale, gift, condemnation, inheritance by heirs, or any other transfer.
  • Leaves the underlying tax lien itself in place, meaning the debt is not forgiven, only the forced sale process is blocked.

Who it affects

Property owners age 60 and older in Georgia who fall behind on property taxes, county tax commissioners and sheriffs who carry out tax liens and levy sales, and heirs or buyers who later receive or purchase such property once the owner's title transfers.

Why it matters

Older Georgians who fall behind on property taxes would keep their homes rather than lose them to a forced tax sale, even though the tax debt and lien would still exist. Counties would lose one enforcement tool for collecting overdue property taxes from this group of owners.

Key provisions

  • Section 1 adds new Code section 48-5-382 to Article 7 of Chapter 5 of Title 48, the part of Georgia law governing local property tax administration.
  • The new section applies to individuals 60 years of age or older whose property becomes subject to a lien for unpaid ad valorem (property) taxes.
  • It blocks levy and sale of that property 'by virtue of any process under the laws of this state' while the property remains in the qualifying owner's name.
  • The protection ends once title transfers by sale, gift, condemnation, distribution to heirs, or any other means.
  • Section 2 repeals any conflicting laws but does not specify an effective date in the text provided.

From the bill

Properties owned by individuals 60 years of age or older that become subject to liens for failure to pay ad valorem taxes shall not be subject to levy and sale by virtue of any process under the laws of this state

This is the bill's core rule shielding older owners' property from forced tax sales.

until the title to any such property transfers out of such individual's name by sale, gift, condemnation, distribution to one or more heirs, or by any other means.

This defines exactly when the protection from a forced sale ends.

Status timeline

  1. 2026-02-03House Second Readers (House)
  2. 2026-02-02House First Readers (House)
  3. 2026-01-29House Hopper (House)

Sponsors

  • David Clark (R, HD-100)Primary sponsor
  • Gerald Greene (R, HD-154)
  • Matt Reeves (R, HD-099)
  • Josh Bonner (R, HD-073)
  • Scott Hilton (R, HD-048)
  • Noelle Kahaian (R, HD-081)

Topics

  • property taxes
  • senior citizens
  • tax liens
  • local government taxation

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Answers come from this document. Not legal advice.

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HB1102: Ad valorem tax; prohibit levy and sale of properties owned by certain senior citizens for failure to pay ad valorem taxes | Georgia Commons