HB1315: HB1315 Georgia Landowners Protection Act; enact

26 LC 47 4008 House Bill 1315 By: Representatives Carpenter of the 4th, Reeves of the 99th, Washburn of the 144th, Frye of the 122nd, and Powell of the 33rd A BILL TO BE ENTITLED AN ACT To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to1 zoning procedures, so as to provide for the maximum period of time a local government may2 enforce certain moratoria; to prohibit reimposition of certain moratoria within a certain3 period of time; to waive sovereign immunity on claims related t o damages arising from4 moratoria exceeding such limitations; to provide for recoverable damages and attorney's fees;5 to provide for legislative findings; to provide a short title; to provide for related matters; to6 repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Georgia Landowners Protection Act."10 SECTION 2.11 The General Assembly finds that while temporary moratoria on zo ning decisions and12 development permits may be necessary for local planning purposes, successive or extended13 moratoria deprive property owners of reasonable, investment backed use of their property. 14 The General Assembly further finds that the cost of home owners hip is becoming15 H. B. 1315 - 1 - 26 LC 47 4008 unobtainable due to the high cost of building materials, elevat ed interest rates, and delays16 caused by local governments, which make it difficult for small builders to withstand17 extended approval processes and to afford to build. Nearly 30 percent of the cost associated18 with building a home is a ttributable to government delays and r egulations. By removing19 excessive and intentional delays created by local governments, the State of Georgia can help20 drive down the cost of construction and make the dream of home ownership more obtainable21 for working Georgians.22 SECTION 3.23 Chapter 66 of Title 36 of the Official Code of Georgia Annotate d, relating to zoning24 procedures, is amended in Code Section 36-66-4, relating to hearings on proposed zoning25 decisions, notice of hearing, nongovernmental initiated actions, reconsideration of defeated26 actions, and procedure on zoning, by adding new subsections to read as follows:27 "(i)(1) A temporary moratorium on one or more types of zoning d ecisions shall not28 exceed 180 days in duration. No zoning moratorium shall be ren ewed or reimposed29 within 365 days of the expiration of a prior zoning moratorium of the same type.30 (2) A temporary moratorium on the acceptance, processing, or approval of permits for31 commercially or residentially zoned property shall not exceed 180 days in duration.32 (3) No zoning or permitting moratorium shall be enacted unless at least 30 days public33 notice is provided prior to the vote on adoption. Such notice shall be published in the34 county legal organ and on the official website of the local government.35 (4) The limitations in this subsection shall not apply to moratoria adopted as a necessary36 response to a declared state of emergency, a natural disaster, or conditions posing an37 imminent threat to public health or safety.38 (j)(1) The sovereign immunity of any county, municipality, or other local governing39 authority is hereby waived for actions brought by a property ow ner whose property40 H. B. 1315 - 2 - 26 LC 47 4008 suffers a diminution in value as a result of a zoning or permitting moratorium that extends41 beyond 180 days.42 (2) A property owner who suffers damages as provided for in pa ragraph (1) of this43 subsection may bring an action in the superior court to recover such damages. Such44 recoverable damages shall include, but not be limited to:45 (A) Loss in development value;46 (B) Carrying costs incurred during the moratorium period, including financing costs,47 interest, and maintenance expenses; and48 (C) Elevated ad valorem taxes paid on property taxed at a high er rate while the49 property is unable to be used due to the moratorium.50 (3) The court may award reasonable attorney's fees and costs t o a prevailing property51 owner bringing a suit pursuant to this subsection."52 SECTION 4.53 All laws and parts of laws in conflict with this Act are repealed.54 H. B. 1315 - 3 -