The House Committee on Natural Resources and Environment offers the following
substitute to HB 570:
A BILL TO BE ENTITLED
AN ACT
To amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions,
so as to provide for land sovereignty and private property protections; to provide for a short
title; to provide for legislative findings and declarations; to provide for definitions; to limit
the effect of certain designations issued by international organizations; to prohibit the use of
such designations; to provide for certain actions to constitute regulatory takings; to provide
for statutory construction; to provide for a private cause of action; to authorize declaratory
and injunctive relief; to authorize certain fees and costs; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title1 of the Official Code of Georgia Annotated, relating to general provisions, is amended
by adding a new chapter to read as follows:
<ins>"CHAPTER 6
1-6-1.
This chapter shall be known and may be cited as the 'Georgia Land Sovereignty and Private
Property Protection Act.'
1-6-2.
The General Assembly finds and declares that:
(1) Georgia is a sovereign state under the Constitution of the United States and the
Constitution of Georgia and has authority over land use, zoning, environmental policy,
health regulations, and private property protections within its borders;
(2) Land use and property regulations are matters of state and local concern and must
remain accountable to elected officials;
(3) International organizations may issue nonbinding designations, recommendations,
or guidance that can be cited or relied upon in regulatory or administrative decision
making;
(4) Georgia citizens have the right to be governed by laws enacted through the legislative
process; and
(5) Clear statutory guidance is necessary to prevent regulatory uncertainty and to protect
constitutional property rights.
1-6-3.
As used in this chapter, the term:
(1) 'Designation' means a designation, classification, recognition, recommendation, or
guidance.
(2) 'International organization' means a formal entity established by a treaty or
international agreement between two or more sovereign states. Such term includes, but
</ins>
<ins>is not limited to, the United Nations, the United Nations Educational, Scientific and
Cultural Organization, or the World Health Organization.
(3) 'Local government' means any county, municipal corporation, or consolidated
government, or other political subdivision thereof.
(4) 'State agency' means any agency, authority, board, bureau, commission, committee,
department, institution, office, or other instrumentality of the executive, legislative, or
judicial branch of government of this state.
1-6-4.
(a) Any designation issued by an international organization shall have no legal or
regulatory effect within the State of Georgia unless expressly authorized by a statute
enacted by the General Assembly.
(b) Unless expressly authorized by a statute enacted by the General Assembly, no state
agency or local government shall use any designation issued by an international
organization that in any way restricts the use of private property, including, but not limited
to the following:
(1) A basis for policy making, rulemaking, or regulatory enforcement;
(2) A factor in zoning, permitting, land use planning, or environmental review;
(3) Justification for the denial, conditioning, or delay of permits or licenses; or
(4) Evidence in any administrative, judicial, or legislative proceeding.
1-6-5.
(a) No action by a state agency or local government may restrict, condition, or impair the
lawful use, development, or transfer of private property based in whole or in part on a
designation issued by an international organization unless expressly authorized by a statute
enacted by the General Assembly.
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<ins>(b) Any action by a state agency or local government that directly or indirectly diminishes
the fair market value or reasonable use of private property due to reliance on a designation
issued by an international organization and not expressly authorized by a statute enacted
by the General Assembly shall constitute a regulatory taking requiring just compensation
as provided under Article I, Section III, Paragraph I of the Constitution of Georgia and the
laws of this state.
1-6-6.
Unless expressly authorized by a statute enacted by the General Assembly, no state agency
or local government shall:
(1) Enter into agreements or partnerships with an international organization that
influence land use or property regulation;
(2) Implement or enforce policies derived directly or indirectly from recommendations
from an international organization; or
(3) Promote or participate in a designation process for an international organization
affecting land within the borders of this state.
1-6-7.
(a) Nothing in this chapter shall be construed to:
(1) Conflict with federal law, treaties, or obligations of the United States;
(2) Limit the authority of the federal government; or
(3) Prohibit voluntary participation by private persons or entities that impose no
regulatory obligation on this state.
(b) This chapter applies solely to the regulatory authority of state agencies and local
government.
(c) This chapter shall be interpreted consistent with the Tenth Amendment to the
Constitution of the United States and Article I of the Constitution of Georgia.
</ins>
<ins>1-6-8.
(a) Any person or entity adversely affected by a violation of this chapter shall have
standing to seek declaratory or injunctive relief.
(b) A prevailing party may recover reasonable attorney's fees and court costs."
</ins> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.