House Bill 295 (AS PASSED HOUSE AND SENATE)
By: Representatives Gaines of the 120th, Leverett of the 123rd, Crowe of the 118th, Jones of
the 47th, Anderson of the 10th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to
general provisions applicable to counties and municipal corporations, so as to provide
procedures for real property owners to make claims for compensation from local
governments for loss of property value or expenses incurred due to the local government's
failure to comply with or nonenforcement of certain laws, ordinances, and resolutions or due
to the local government maintaining a public nuisance; to provide for definitions; to provide
judicial remedies if such claims are rejected or not acted upon by local governments; to
suspend applicable statutes of limitations while such claims are being considered by local
governments; to provide for exceptions and limitations; to waive sovereign immunity; to
amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties, municipal corporations, and other governmental entities,
so as to authorize mandamus actions regarding local governments and their officials and
employees for a violation of the prohibition on immigration sanctuary policies; to amend
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance
with immigration detainer notices, so as to authorize mandamus actions; to amend Chapter
18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and
documents, so as to provide for public disclosure of certain documents; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties and municipal corporations, is amended by adding a new
Code section to read as follows:
<ins>"36-60-34.
(a) As used in this Code section, the term:
(1) 'Fair market value' means the probable sales price that would be agreed upon for a
parcel of real property by a buyer and seller on the open market with a reasonable amount
of time for the parcel to be listed for sale or otherwise offered for sale on the open
market, with the buyer having knowledge of all the uses and purposes to which the parcel
is adapted and for which it is capable.
(2) 'Local government' means the governing authority of a county, municipality, or
consolidated government.
(3) 'Owner' means the holder of either fee simple title or a leasehold to a parcel of real
property; provided, however, that, in the event that a leaseholder to a particular parcel of
property filed a claim pursuant to this Code section, the holder of the underlying fee title
in the same parcel shall not also be qualified as an owner of such parcel under this Code
section.
(4) 'Policy, pattern, or practice' means a pervasive, systemic, or organized standard
operating procedure of a generalized nature, but shall not include accidental, isolated, or
sporadic acts.
(b) In addition to any other remedial procedures provided by law, and notwithstanding any
provisions of Chapters 11, 33, and 92 of this title or Chapter 21 of Title 50 to the contrary,
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 if:
</ins>
<ins>(1) The local government adopts and enforces a policy, pattern, or practice of:
(A) Failing to comply with Code Section 36-80-23, relating to prohibitions on
immigration sanctuary policies, or Chapter 36 of Title 50, relating to verification of
lawful presence within the Unites States; or
(B) Declining to enforce existing laws, ordinances, or other legislation prohibiting:
(i) Illegal public camping;
(ii) Loitering;
(iii) Obstructing public thoroughfares;
(iv) Panhandling;
(v) Possession or use of controlled substances in violation of Chapter 13 of Title 16;
(vi) Shoplifting; or
(vii) Public intoxication or public urination while trespassing on private property; or
(2) The local government maintains a public nuisance and:
(A) The owner incurs documented expenses to mitigate the effects of such policy,
pattern, practice, or public nuisance on the owner's real property; or
(B) The fair market value of the owner's real property is reduced by such policy,
pattern, practice, or public nuisance.
(c) The amount of compensation to which the owner is entitled pursuant to this Code
section shall be, at the owner's election, equal to:
(1) The documented expenses incurred by the owner that were reasonably necessary, at
the discretion of the owner, to mitigate the effects of the policy, pattern, practice, or
maintenance of a public nuisance to the owner's real property; or
(2) The reduction in fair market value of the property resulting from the local
government's policy, pattern, practice, or maintenance of a public nuisance.
(d)(1) Except as otherwise provided in this Code section, claims for compensation
pursuant to this Code section shall be administered in accordance with Code
Section 48-5-380. A claim made pursuant to this Code section shall be in writing, shall
</ins>
<ins>state the measure of compensation being elected by the owner, and shall state the policy,
pattern, practice, or public nuisance which caused:
(A) The owner to incur expenses reasonably necessary to mitigate the effects of such
policy, pattern, practice, or public nuisance; or
(B) The reduction in fair market value of the property.
A claim shall also state and itemize the monetary value of such incurred expenses or
reduction in fair market value and describe the specific consequences of the local
government's policy, pattern, practice, or public nuisance that form the factual basis of
the owner's claim.
(2) A claim shall be presented to a local government within the tax year in which the
events occurred upon which the claim is predicated.
(3) Upon the presentation of a claim pursuant to this Code section, the governing
authority of the local government shall consider and act upon the claim within 30 days
from the presentation.
(4) If the local government accepts the claim, it shall pay the compensation established
pursuant to this Code section to the owner within 30 days of accepting the claim and the
claim shall be satisfied.
(5)(A) If the local government rejects or does not respond to the claim within 30 days
of its presentation, the owner may bring an action against the local government in the
superior court having jurisdiction over such local government.
(B) A claim filed pursuant to this Code section that is rejected or not responded to by
a local government shall act as a notice of claim or ante litem notice otherwise required
by law, and no additional notices provided for by Chapters 11, 33, and 92 of this title
or Chapter 21 of Title 50 shall be required, regardless of whether or not the owner
pursues remedies pursuant to this Code section or as otherwise authorized by law.
(C) If an action is brought against a local government pursuant to this paragraph, the
local government shall bear the burden of proof in demonstrating that its actions are
</ins>
<ins>lawful, that the amount of the claim is unreasonable, or that the local government took
reasonable steps to mitigate the alleged public nuisance.
(D) In an action brought pursuant to this paragraph:
(i) The owner shall not be liable to the local government for attorney fees or costs;
and
(ii) A prevailing owner shall be awarded reasonable attorney fees and costs.
(e) The compensation paid by a local government pursuant to this Code section shall:
(1) Be in lieu of any other claims or causes of action the owner may have for monetary
damages from the local government arising from the policy, pattern, practice, or
maintenance of a public nuisance giving rise to the claim made pursuant to this Code
section that occur prior to the date such compensation is paid; and
(2) 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.
(f) The running of any applicable statute of limitations shall be suspended during the time
that a claim presented pursuant to this Code section is pending before such local
government without action on their part.
(g) An owner may submit a claim pursuant this Code section relating to a particular parcel
of real property once per tax year. If a local government denies a claim for being
administratively incomplete, the owner shall be permitted to revise and resubmit the claim
to ensure the claim is administratively complete.
(h) If the policy, pattern, practice, or public nuisance remains in place after an owner
submits a claim pursuant to this Code section, and the owner continues to suffer monetary
damages as a result of such continuance, the owner may file subsequent claims pursuant
to this Code section in subsequent tax years.
(i) Nothing in this Code section shall prohibit a local government and an owner from
entering into a settlement agreement for an amount less than the compensation otherwise
requested by a claim filed pursuant to this Code section.
</ins>
<ins>(j) In the event that an owner has filed an unsuccessful administratively complete claim
pursuant to this Code section for the same parcel of property that did not result in the
awarding of any compensation, and such owner files subsequent administratively complete
claims for the same parcel of property, the local government shall recover from such owner
the costs of litigation and reasonable attorney's fees incurred in defending any unsuccessful
claim filed by such owner.
(k) This Code section shall not apply to:
(1) Decisions by local government officials exercising prosecutorial discretion to not
prosecute alleged offenders if such discretion is exercised on a case-by-case basis and the
justification for each such decision is published on a monthly basis by the local
government;
(2) Acts of executive clemency;
(3) Acts or omission mandated by federal or state law; and
(4) Actions taken by district attorneys, solicitors-general, or other elected county officers
not subject to the control of the governing authority of a local government or the
employees of such officers.
(l) The General Assembly hereby waives the sovereign immunity of local governments to
the extent necessary to effectuate this Code section."
</ins> SECTION 2.
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties, municipal corporations, and other governmental entities,
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on
immigration sanctuary policies by local governmental entities, certification of compliance,
and punishment, to read as follows:
<ins>"(f) In the event that a local governing body acts in violation of this Code section, 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."
</ins> SECTION 3.
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance
with immigration detainer notices, is amended by revising said Code section as follows:
"42-1-11.5.
(a) As used in this Code section, the term:
(1) 'Custodial authority' means the commissioner if a person is in physical custody at a
penal institution, the sheriff if a person is in physical custody at a county jail, the warden
if a person is in physical custody at county correctional institution, and the chief of police
if a person is in physical custody at a municipal detention facility.
(2) 'Immigration detainer notice' means documentation issued by the federal government
requesting that a custodial authority maintain temporary custody of an illegal alien as
such term is defined in Code Section 42-4-14, including a United States Department of
Homeland Security Form I-247 document or a similar successor form.
(b) Any custodial authority who has custody of a person who is subject to an immigration
detainer notice shall:
(1) Comply with, honor, and fulfill any request made in the immigration detainer notice;
and
(2) Inform the person identified in the immigration detainer notice that the person is
being held pursuant to such notice.
<ins>(c) In the event that a custodial authority acts in violation of this Code section, 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."
</ins>
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.