Georgia CommonsHB 295: Local government; procedures for real property owners to make claims for compensation for loss of property value or expenses incurred; provisions
Last action May 12, 2026 · Effective Date 2026-07-01
House Bill 295 lets Georgia property owners file compensation claims against cities and counties that ignore certain laws or let nuisances persist, and creates a court process (mandamus) to enforce immigration sanctuary and detainer laws against local governments.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
Currently, a property owner generally cannot bill a local government for losses caused by the government's choice not to enforce certain laws or to tolerate a public nuisance. This bill creates a new process, added to Georgia law at O.C.G.A. 36-60-34, that lets an owner of real property file a written compensation claim with a city, county, or consolidated government if that government has a pattern of failing to enforce immigration sanctuary rules or laws against camping, loitering, blocking sidewalks, panhandling, drug possession, shoplifting, or public intoxication and urination on private property, or if it maintains a public nuisance that costs the owner money or lowers their property's value. The local government has 30 days to accept or reject the claim; if it does neither or rejects it, the owner can sue in superior court, where the government bears the burden of proof and a winning owner recovers attorney fees. Compensation is capped at the prior year's property taxes paid on that parcel, and the state waives local governments' sovereign immunity for this purpose. The bill also lets individuals ask a superior court for mandamus (a court order compelling official action) when a local government violates the state's ban on immigration sanctuary policies or a custodial authority ignores federal immigration detainer requests.
What the bill does
- Creates a new claims process (O.C.G.A. 36-60-34) letting property owners seek compensation from local governments for lost property value or mitigation costs tied to nonenforcement of specified laws or a public nuisance.
- Requires local governments to respond to a filed claim within 30 days and pay accepted claims within 30 days, or face a lawsuit in superior court with the government carrying the burden of proof.
- Caps compensation at the amount of property taxes the owner paid to that local government the prior year, and limits an owner to one claim per parcel per tax year (with exceptions for continuing harm).
- Waives local governments' sovereign immunity (their usual legal protection from lawsuits) so these compensation claims and suits can proceed.
- Suspends the running of statutes of limitations while a claim is pending before a local government.
- Authorizes individuals to petition superior court for a mandamus order (a court command forcing government action) when a local government violates the immigration sanctuary ban or when jail officials ignore federal immigration detainer requests.
Who it affects
Owners and long-term leaseholders of real property in Georgia cities and counties, local governing authorities (county commissions and city councils) and their employees, county jails, sheriffs, wardens, and police chiefs who handle immigration detainer notices, and superior courts that will hear the new claims and mandamus cases.
Why it matters
Property owners near unaddressed nuisances, such as illegal camping, loitering, or open drug use, would gain a formal way to demand money from their local government and sue if ignored, while local governments would face new financial exposure and litigation risk tied to enforcement choices and immigration-related compliance.
Key provisions
- New O.C.G.A. 36-60-34(b) lets an owner claim compensation when a local government has a policy of not enforcing immigration sanctuary rules or laws on camping, loitering, panhandling, drug possession, shoplifting, or public intoxication, or maintains a public nuisance.
- Subsection (c) sets compensation as either documented mitigation expenses or the reduction in the property's fair market value, at the owner's choice.
- Subsection (d) requires claims to be filed within the tax year, acted on within 30 days, and allows a lawsuit in superior court if rejected or ignored, with the local government bearing the burden of proof and paying a prevailing owner's attorney fees.
- Subsection (e)(2) caps total compensation at the amount of property taxes the owner paid to that local government in the prior tax year.
- Subsection (k) exempts case-by-case prosecutorial discretion decisions that are published monthly, executive clemency, federally or state-mandated acts, and actions by independently elected officials like district attorneys.
- Subsection (l) waives local governments' sovereign immunity to the extent needed to enforce this claims process.
- Section 2 adds a mandamus remedy to O.C.G.A. 36-80-23 for violations of the immigration sanctuary policy ban, with priority court docketing.
- Section 3 adds a similar mandamus remedy to O.C.G.A. 42-1-11.5 for custodial authorities who fail to honor immigration detainer notices.
From the bill
“the owner of a parcel of real property may submit a written claim for compensation to the local government in which such real property is located”
“Not exceed the amount of ad valorem property taxes paid on such owner's parcel and levied by such local government in the prior tax year.”
“any individual aggrieved by such violation may petition the superior court for mandamus relief, and such petition shall receive priority on such court's docket”
Status timeline
- Effective Date 2026-07-01
- Act 713
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Agreed House Amend or Sub (Senate)
- House Agreed Senate Amend or Sub As Amended (House)
- Senate Passed/Adopted As Amended (Senate)
- Senate Third Read (Senate)
Show full history (21 actions)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Houston Gaines (R, HD-120)
- 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)
Votes
- House voteMarch 4, 2026
98 yea, 75 nay (2 not voting, 2 absent)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 absent)
- Senate voteApril 2, 2026
23 yea, 30 nay (0 not voting, 1 absent)
- Senate voteApril 2, 2026
32 yea, 21 nay (0 not voting, 1 absent)
- Senate voteApril 2, 2026
29 yea, 24 nay (0 not voting, 1 absent)
- Senate voteApril 2, 2026
44 yea, 9 nay (0 not voting, 1 absent)
- Senate voteApril 2, 2026
30 yea, 22 nay (1 not voting, 1 absent)
- House voteApril 2, 2026
93 yea, 76 nay (2 not voting, 5 absent)
- Senate voteApril 3, 2026
34 yea, 19 nay (0 not voting, 1 absent)
Topics
- local government liability
- property rights
- immigration sanctuary policies
- public nuisance
- property taxes