---
title: SB 611. "Georgia Landowners Protection Act"; enact
collection: bills
id: 2025-2026/sb611
cite_as: SB 611, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb611
md_url: https://georgiacommons.org/bills/2025-2026/sb611.md
text_url: https://georgiacommons.org/bills/2025-2026/sb611/text
source_url: https://www.legis.ga.gov/legislation/73752
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/sb610.md
next: https://georgiacommons.org/bills/2025-2026/sb612.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb611.md?full=1
bill_number: SB 611
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-26
last_action: Senate Read and Referred
sponsors:
- Clint Dixon
- Max Burns
- Ricky Williams
- Carden Summers
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB611/2025
upstream_id: 2125906
summaries_model: claude-sonnet-5
topic_tags:
- zoning moratoria
- property rights
- local government
- home building costs
- land use law
---
# SB 611. "Georgia Landowners Protection Act"; enact
## Text
Senate Bill 611
By: Senators Dixon of the 45th, Burns of the 23rd, Williams of the 25th and Summers of the
13th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to
zoning procedures, so as to provide for the maximum period of time a local government may
enforce certain moratoria; to prohibit reimposition of certain moratoria within a certain
period of time; to waive sovereign immunity on claims related to damages arising from
moratoria exceeding such limitations; to provide for recoverable damages and attorney's fees;
to provide for legislative findings; to provide a short title; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Landowners Protection Act."
SECTION 2.
The General Assembly finds that while temporary moratoria on zoning decisions and
development permits may be necessary for local planning purposes, successive or extended
moratoria deprive property owners of reasonable, investment backed use of their property.
The General Assembly further finds that the cost of home ownership is becoming
unobtainable due to the high cost of building materials, elevated interest rates, and delays
caused by local governments, which make it difficult for small builders to withstand
extended approval processes and to afford to build. Nearly 30 percent of the cost associated
with building a home is attributable to government delays and regulations. By removing
excessive and intentional delays created by local governments, the State of Georgia can help
drive down the cost of construction and make the dream of home ownership more obtainable
for working Georgians.
SECTION 3.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning
procedures, is amended in Code Section 36-66-4, relating to hearings on proposed zoning
decisions, notice of hearing, nongovernmental initiated actions, reconsideration of defeated
actions, and procedure on zoning, by adding new subsections to read as follows:
"(i)(1) A temporary moratorium on one or more types of zoning decisions shall not
exceed 90 days in duration. No zoning moratorium shall be renewed or reimposed within
365 days of the expiration of a prior zoning moratorium of the same type.
(2) A temporary moratorium on the acceptance, processing, or approval of permits for
commercially or residentially zoned property shall not exceed 90 days in duration.
(3) No zoning or permitting moratorium shall be enacted unless at least 45 days public
notice is provided prior to the vote on adoption. Such notice shall state the reason and
need for the moratorium and shall also include substantial and competent evidence that
is supported by data and analysis material to installing the moratorium. Such notice shall
be published in the county legal organ and on the official website of the local
government.
(4) The limitations in this subsection shall not apply to moratoria adopted as a necessary
response to a declared state of emergency, a natural disaster, or conditions posing an
imminent threat to public health or safety.
(j)(1) The sovereign immunity of any county, municipality, or other local governing
authority is hereby waived for actions brought by a property owner whose property
suffers a diminution in value as a result of a zoning or permitting moratorium that extends
beyond 90 days.
(2) A property owner who suffers damages as provided for in paragraph (1) of this
subsection may bring an action in the superior court to recover such damages. Such
recoverable damages shall include, but not be limited to:
(A) Loss in development value;
(B) Carrying costs incurred during the moratorium period, including financing costs,
interest, and maintenance expenses; and
(C) Elevated ad valorem taxes paid on property taxed at a higher rate while the
property is unable to be used due to the moratorium.
(3) The court may award reasonable attorney's fees and costs to a prevailing property
owner bringing a suit pursuant to this subsection."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would cap zoning and permit moratoria imposed by counties and municipalities at 90 days and let property owners sue local governments for damages if a moratorium runs longer.
### Plain-language summary
Georgia local governments can currently pause zoning decisions or building permit approvals through temporary moratoria, sometimes for extended or repeated periods. This bill would limit any zoning or permitting moratorium to 90 days and bar a local government from renewing or reimposing a similar moratorium for 365 days after one expires. Before adopting a moratorium, a local government would have to give 45 days public notice explaining the reason, backed by data and analysis, published in the county legal organ and on the government's website. Emergencies, natural disasters, and imminent public health or safety threats are exempt from these limits.
The bill also waives local governments' sovereign immunity (their usual legal protection from being sued) for property owners whose land loses value because a moratorium lasts beyond 90 days. Owners could sue in superior court for lost development value, carrying costs like financing and maintenance, and higher property taxes paid during the moratorium, plus attorney's fees if they win.
### What it does
- Limits any zoning or building permit moratorium adopted by a Georgia county or municipality to a maximum of 90 days.
- Bars a local government from renewing or reimposing a similar moratorium for 365 days after a prior one of the same type expires.
- Requires 45 days public notice before a moratorium vote, including data-backed justification published in the county legal organ and online.
- Exempts moratoria adopted in response to declared emergencies, natural disasters, or imminent threats to public health or safety from these limits.
- Waives local governments' sovereign immunity so property owners can sue for damages caused by moratoria lasting longer than 90 days.
- Allows recovery of lost development value, carrying costs like financing and maintenance, higher property taxes paid, and attorney's fees for winning property owners.
### Who it affects
Georgia county and municipal governments that use zoning or permitting moratoria, property owners and developers whose land is subject to such moratoria, small home builders facing approval delays, and superior courts that would hear new damage lawsuits under the bill.
### Why it matters
Property owners and builders facing long or repeated construction pauses could sue local governments and recover money for lost value, taxes, and carrying costs. Local governments would lose flexibility to extend or repeat moratoria beyond 90 days without facing potential lawsuits and new notice requirements.
### Key provisions
- Section 1 names the bill the 'Georgia Landowners Protection Act.'
- Section 2 states legislative findings that government delays add nearly 30 percent to home construction costs, justifying limits on moratoria.
- Section 3 amends O.C.G.A. ยง 36-66-4 to add subsection (i), capping zoning and permitting moratoria at 90 days and requiring 45 days public notice with supporting data before adoption.
- Subsection (i)(4) exempts moratoria responding to declared emergencies, natural disasters, or imminent public health or safety threats.
- Subsection (j) waives sovereign immunity for local governments when a moratorium exceeding 90 days reduces a property's value, allowing lawsuits in superior court.
- Subsection (j)(2) lists recoverable damages including lost development value, carrying costs, and elevated property taxes paid during the moratorium.
- Subsection (j)(3) allows courts to award attorney's fees and costs to a prevailing property owner.
## Status
- Status: Introduced (2026-02-26)
- Last action: Senate Read and Referred (2026-03-03)
- Sponsors: Clint Dixon, Max Burns, Ricky Williams, Carden Summers
- Official page: https://www.legis.ga.gov/legislation/73752
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb611.md?full=1