HB 295: Local government; procedures for real property owners to make claims for compensation for loss of property value or expenses incurred; provisions

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Discussed in meetings (12)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

1. House Public Safety and Homeland Security Committee, January 28, 2026

   From 1:59:11 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said HB 295 would let property owners seek compensation when local governments fail to enforce laws involving loitering, homelessness or illegal immigration. The substitute would require claims within the same tax year rather than 24 months. An ACCG witness questioned adding penalties before evaluating recent laws, warned that attorney fees could exceed owners' recoveries, and questioned broad nuisance provisions and an unclear damages cap. The sponsor supported clarifying the cap. One member warned of arrests of homeless people with mental illness; another supported stronger enforcement against aggressive panhandling and unsafe conditions. Carter Center, housing-provider and diversion-program witnesses opposed the bill, arguing it would encourage incarceration, disrupt housing placements and discourage service-based responses. One Intown Cares witness reported housing 30 people but said four others lost housing opportunities because of panhandling arrests. A PAD witness requested an exemption for alternative-response programs. The sponsor and chair maintained that the goal was enforcing existing laws and protecting private property. The committee adopted an amendment allowing local governments to recover costs after a second unsuccessful claim rather than a third, following discussion clarifying that effect. A second amendment capped compensation at property taxes paid on the owner's parcel to that local government in the prior tax year. The amended bill passed 8-5.

2. House Rules Committee, February 2, 2026

   From 0:39:53 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said HB 295 would let property owners seek relief when local governments fail to enforce specified laws or ordinances. One member questioned protecting owners from local-government legal fees on an initial claim while awarding fees to successful owners. The sponsor said a committee change developed with county and municipal associations could make owners responsible for fees after an unsuccessful claim followed by another filing. The member also questioned the selected offenses, local resource constraints and whether recurring offenses could be mistaken for non-enforcement. The sponsor cited homelessness-related conditions, shoplifting and immigration enforcement, and said the proposal targeted systematic policies or practices, not isolated incidents, repeat offenders or case-by-case discretion. The sponsor said disputed claims would go to a judge. A second member asked about communities transporting homeless people elsewhere and state funding. The sponsor cited earlier legislation addressing such transportation and said the governor’s budget proposed $50 million for homelessness. No calendar action was shown.

3. House Rules Committee, March 4, 2026

   From 1:53:40 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The committee placed HB 295 on the day's floor calendar under modified rules after an objection and a voice vote. No vote count or discussion of its provisions was recorded.

4. House floor session, March 4, 2026 (legislative day 27, PM, part 1)

   From 0:22:59 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1855

   Summary by Georgia Commons: The sponsor said property owners could recover documented expenses or lost property value when local governments adopt policies of not enforcing specified public-order laws or immigration cooperation requirements. The sponsor said recovery would be capped at the previous year's property taxes, with 30 days for local action before court review. Asked about frivolous claims, the sponsor said repeated unsuccessful claims could lead to repayment of legal costs. One supporting member described business losses and security expenses. Another argued enforcement could help connect homeless people with services. Opponents said lawsuits would divert money from housing, treatment and policing, reduce local flexibility and encourage arrests without ending homelessness. One opponent questioned how courts would distinguish a widespread non-enforcement practice from isolated incidents or measure lost property value. Asked about encampments on state property, that member said the bill placed responsibility on local governments, not the state. The committee chair said individual officer discretion and temporary understaffing were not targets. A second member speaking during the chair's time said case-by-case prosecutorial decisions were excluded and acknowledged that proving lost value would be difficult. The House adopted the committee substitute and passed the bill 98-75.

5. Senate State and Local Governmental Operations Committee, March 26, 2026

   From 3:29:51 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said HB 295 would let property owners seek compensation for documented expenses or lost property value caused by local policies declining to enforce specified public-order laws or immigration requirements. The sponsor described recovery capped by prior-year property taxes and a 30-day local response period before court relief. Supporting members argued that owners should not bear costs shifted from local law enforcement. A Midtown condominium resident supported the bill, describing assaults, threats and $100,000 in annual cleanup and protective spending. A Cicero Institute witness cited reported shelter-bed availability and estimated property-value losses. Atlanta’s witness opposed the bill, warning of unpredictable litigation, ambiguous standards and liability for circumstances cities cannot control. House ATL, SPARK, Gwinnett Housing Corporation, Enterprise Community Partners and Georgia Appleseed witnesses urged housing and supportive services rather than greater incarceration. Appleseed’s witness also warned of effects on homeless children. Members questioned panhandling restrictions, private-property enforcement, shelter capacity and collective lawsuits. Legislative counsel did not resolve every legal question. The chair curtailed testimony because of time and accepted additional written comments. The sponsor disputed opponents’ account of Arizona’s experience. An amendment barring class actions failed on what the chair called a party-line vote. A motion to table also failed, and the committee approved the bill without a stated final count.

6. Senate Rules Committee, March 30, 2026

   From 1:25:38 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: A member selected HB 295 for the floor calendar. No substantive explanation or debate followed. The committee unanimously approved the calendar containing it.

7. Senate floor session, April 2, 2026 (legislative day 40, part 1)

   From 4:38:19 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Taken from Table)

   Summary by Georgia Commons: The sponsor said HB 295 would let property owners seek compensation when local policies declining to enforce specified laws caused documented expenses or reduced property values. Claims would be capped at the previous year's property taxes, with 30 days for a local response before court action. The sponsor cited camping, panhandling, drugs, shoplifting, public intoxication and immigration-cooperation requirements. One supporting senator described homeowners and businesses unable to resolve repeated disturbances without local enforcement. One opponent argued the bill would invite speculative annual lawsuits, including numerous condo-owner claims, and pressure local agencies to follow federal immigration requests. A second opponent warned that taxpayers would pay legal costs and damages, police priorities could be challenged, and increased arrests would raise jail expenses. The minority leader questioned whether deputies could face personal lawsuits. An amendment removing government immunity for immigration-policy violations, with disclosure language added, passed 29 to 24. A claim-refiling amendment passed 44 to 9; a duplicate disclosure amendment was withdrawn. A motion to set the bill aside failed 23 to 30, and debate was ended 32 to 21. The bill passed as amended, 30 to 22.

8. House floor session, April 2, 2026 (legislative day 40, PM, part 2)

   From 3:03:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub As Amended)

   Summary by Georgia Commons: The clerk described HB 295 as providing procedures for property owners to seek compensation from local governments for lost property value. The sponsor said its original provisions holding local governments accountable for failing to enforce laws were unchanged. The sponsor said the Senate added language against sanctuary cities, and the proposed House amendment would let individuals seek a court order requiring a jurisdiction to comply with the law. One member expressed opposition to the Senate changes. Another asked which documents were being voted on and whether the vote was final action. The chair explained that the motion accepted the Senate version with a House amendment, so it was not final action. The House adopted the amendment and agreed to the Senate's replacement version as amended, 93 to 76.

9. Senate floor session, April 2, 2026 (legislative day 40, part 2)

   From 6:25:26 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)

   Summary by Georgia Commons: The clerk read the House changes to HB 295 as authorizing court actions to compel local officials and employees to comply with the prohibition on immigration sanctuary policies and immigration-detainer requirements. The presenter said the House replaced the proposed loss of government immunity from lawsuits with a court order compelling compliance. The presenter referred to earlier debate but did not repeat it in this transcript. The Senate agreed to the House amendment, 34–19.

• Read aloud: House floor session, January 29, 2026 (legislative day 9), 1:04:49
• Read aloud: Senate floor session, March 6, 2026 (legislative day 28, part 1), 0:37:54
• Read aloud: Senate floor session, March 27, 2026 (legislative day 38), 0:29:30

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