Bill Text: GA HB703 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: County property; granted first right to purchase condemned property; provide
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-07-01 - Effective Date [HB703 Detail]
Download: Georgia-2009-HB703-Comm_Sub.html
Bill Title: County property; granted first right to purchase condemned property; provide
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-07-01 - Effective Date [HB703 Detail]
Download: Georgia-2009-HB703-Comm_Sub.html
10 HB
703/CSFA
House
Bill 703 (COMMITTEE SUBSTITUTE) (AM)
By:
Representative Smith of the
168th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating
to county property generally, so as to provide that certain persons be granted
first right to purchase property previously condemned by the county; 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
9 of Title 36 of the Official Code of Georgia Annotated, relating to county
property generally, is amended by revising paragraphs (2) and (3) of subsection
(g) of Code Section 36-9-3, relating to the sale or disposition of county
property, as follows:
(2)
Notwithstanding any provision of this Code section or any other law to the
contrary, whenever any county has acquired property for the creation or
development of a lake, including but not limited to property the acquisition of
which was reasonably necessary or incidental to the creation or development of
that lake, and the governing authority of such county thereafter determines that
all or any
part of the property
or any
interest therein is no longer needed
for such
purposes because of changed conditions
because of a
decision by the county to not construct the
lake, that county is authorized to dispose
of such property or interest therein as provided in this
subsection.
(3)(A)
In disposing of property, as authorized under this subsection, the county shall
notify the owner of such property at the time of its acquisition or, if the
tract from which the county acquired its property has been subsequently sold,
shall notify the owner of abutting land holding title through the owner from
whom the county acquired its property.
The
notice
Any notice
required pursuant to this subparagraph
shall be in writing
and
delivered to the appropriate owner or by publication if such owner's address is
unknown;
and such.
Such owner shall have the right to acquire
such property, as provided in this
subsection,
the property with respect to which the notice is
given.
Publication,
if necessary, shall be in a newspaper of general circulation in the county where
the property is located.
(B)
If the original owner of the property at the time of the county's acquisition of
such property is deceased, the original owner's spouse, child, or grandchild
shall have the first opportunity to purchase the property which the county is
disposing of pursuant to this subsection; provided, however, the owner's child
shall have such right only if the owner's spouse is deceased or has waived his
or her right to purchase the property, and the owner's grandchild shall have
such right only if both the owner's spouse and child either are deceased or
have waived their right to buy the property. If the original owner's spouse is
deceased and the original owner had more than one child or grandchild and such
children or grandchildren have a right to purchase the property pursuant to this
paragraph, then such children or grandchildren shall be entitled to purchase the
property as tenants in common. The county shall place a notice of a sale
proposed pursuant to this subparagraph once in the county legal organ. If after
30 days from the date of such publication the original owner's spouse, child, or
grandchild has not come forward, or if the tract from which the county acquired
its property has been subsequently sold, the county shall notify the owner of
abutting land holding title through the owner from whom the county acquired its
property as provided in subparagraph (A) of this paragraph.
Publication
pursuant to this paragraph, if necessary, shall be in a newspaper of general
circulation in the county where the property is
located."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.