Bill Text: GA HB728 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Property; covenants; clarify provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [HB728 Detail]
Download: Georgia-2011-HB728-Comm_Sub.html
Bill Title: Property; covenants; clarify provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [HB728 Detail]
Download: Georgia-2011-HB728-Comm_Sub.html
12 LC 28
6027S
The
House Committee on Governmental Affairs offers the following substitute to HB
728:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating
to covenants running with the land, the effect of zoning laws, covenants and
scenic easements for use of the public, and the renewal of certain covenants, so
as to clarify provisions relating to covenants; to provide for legislative
findings; to provide for covenants adopted prior to the adoption of zoning laws;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that current law, Code Section 44-5-60, relating to
covenants running with the land, is vague and is in fact silent as to the
treatment of covenants which were created prior to a county or municipality
adopting zoning laws. The General Assembly finds that during its 1935 session
it provided for covenants running with the land terminating at a point certain
when municipalities had adopted zoning laws and that in its 1962 session it
further provided for covenants running with the land terminating at a point
certain in those areas of counties for which zoning laws had been adopted.
However, the General Assembly finds that at no point has this body pronounced
how covenants running with the land which were created prior to the existence of
zoning laws should be treated, and therefore it is the intent of the General
Assembly to clarify and correct the current vagaries in the law.
SECTION
2.
Code
Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants
running with the land, the effect of zoning laws, covenants and scenic easements
for use of the public, and the renewal of certain covenants, is amended by
revising subsection (b) as follows:
"(b)
Notwithstanding subsection (a) of this Code section, covenants restricting lands
to certain uses shall not run for more than 20 years in municipalities which
have adopted zoning laws nor in those areas in counties for which zoning laws
have been
adopted;
provided, however, that whenever a zoning ordinance, upon its initial enactment
by a county or municipality, expressly acknowledges the continuing application
of a covenant restricting lands to certain uses within that jurisdiction, any
such covenant, if created prior to zoning laws being adopted by that county or
municipality, shall continue to be effective in such jurisdiction until the
expiration of such covenant in accordance with its
terms."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.