HR 98: Property; granting of nonexclusive easements; authorize

The State of Georgia owns land used for state parks, technical colleges, wildlife management areas, and other public facilities. Various utilities and local governments, including Georgia Power, Atlanta Gas Light, the City of Atlanta, Spectrum, and several water and electric authorities, want to build or maintain infrastructure like power lines, gas lines, fiber optic cable, water towers, sewer lines, and a bridge on portions of that land. Under Georgia law, the legislature must approve such easements on state property. This resolution grants that approval for 18 separate projects across Barrow, Bryan, Chatham, Cherokee, Coweta, Fulton, Glynn, Habersham, Hall, Haralson, Jeff Davis, Lamar, McDuffie, Paulding, Walker, and Walton Counties. Each grant describes the specific property, the acreage involved, the purpose of the easement, and payment terms, most commonly $10.00 given the public purpose, though a few require fair market value of at least $650.00 or, in the City of Atlanta's case, $96,400.00. Each authorization expires three years after the resolution takes effect. The resolution takes effect immediately upon the Governor's signature or becoming law without it.

• Authorizes the State Properties Commission to grant 18 non-exclusive easements on state property in 16 counties to utilities, cities, and authorities for infrastructure projects.
• Sets payment terms for each easement, ranging from a nominal $10.00 for public-purpose projects to fair market value of at least $650.00, and $96,400.00 for the City of Atlanta bridge project.
• Requires each grantee to record its easement in the applicable county's Superior Court and forward a copy to the State Properties Commission.
• Limits each easement authorization so it expires three years after the resolution takes effect, requiring new legislative action after that if not used.
• Provides that if facilities are abandoned, ownership reverts to the State of Georgia, and if the state needs the land back it can require relocation to an alternate site.
• Takes effect immediately once signed by the Governor or otherwise becoming law without signature.

Utilities such as Georgia Power, Atlanta Gas Light, Spectrum, Jefferson Energy Cooperative, Satilla REMC, and North Georgia EMC; local governments and authorities including the City of Atlanta, City of Barnesville, Brunswick-Glynn Joint Water and Sewer Commission, and Newton County Water and Sewerage Authority; and state agencies managing the affected land, including the Department of Natural Resources, Technical College System of Georgia, Department of Driver Services, Department of Economic Development, and Department of Community Supervision.

Without this legislative approval, these utilities and local governments could not legally build or maintain power lines, gas lines, water and sewer infrastructure, fiber cable, or a bridge on state-owned land, which could delay or block projects like EV training centers, park utilities, and a Hyundai facility that depend on this access.

• Article I (Sections 1-13) grants Georgia Power an easement at Fort Yargo State Park in Barrow County for underground power facilities for $10.00, expiring three years after enactment.
• Article II (Sections 14-26) grants Georgia Power a separate fiber optic cable easement at the same park for fair market value of at least $650.00.
• Article VII (Sections 79-91) grants the City of Atlanta an easement on the Western and Atlantic Railroad property in Fulton County for a bridge replacement project for $96,400.00.
• Sections throughout each article state that abandoned facilities revert to state ownership and that the State Properties Commission can require relocation to protect state interests.
• Each article requires the grantee to record the easement with the relevant county Superior Court and comply with state and federal environmental laws.
• Section 232 sets the effective date as upon the Governor's approval or upon becoming law without approval.
• Section 233 repeals any conflicting laws.

1. 2025-05-14Effective Date
2. 2025-05-14Act 365
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-25House Agreed Senate Amend or Sub (House)
6. 2025-03-11Senate Passed/Adopted By Substitute (Senate)
7. 2025-03-11Senate Third Read (Senate)
8. 2025-02-27Senate Read Second Time (Senate)

• Gerald Greene (R, HD-154)Primary sponsor
• Emory Dunahoo (R, HD-31)
• Michael Smith (D, HD-41)
• Bill Werkheiser (R, HD-157)
• Scott Hilton (R, HD-48)
• Ed Harbison (D, SD-15)

1. PassedHouse voteFebruary 11, 2025

   166 yea, 0 nay (6 not voting, 8 excused)

   ADOPT: House Vote #24

2. PassedSenate voteMarch 11, 2025

   49 yea, 0 nay (1 not voting, 6 excused)

   ADOPTION BY SUBSTITUTE: Senate Vote #226

3. PassedHouse voteMarch 25, 2025

   166 yea, 0 nay (9 not voting, 5 excused)

   Agree to Senate Substitute: House Vote #313

• state property easements
• utility infrastructure
• Georgia Power
• state parks
• water and sewer projects