Bill Text: GA HR136 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Owners of real property; industrial areas; remove property - CA
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Enrolled - Dead) 2010-05-07 - House Sent to Governor [HR136 Detail]
Download: Georgia-2009-HR136-Comm_Sub.html
10 LC 21
0979S
The
Senate Judiciary Committee offered the following substitute to HR
136:
A
RESOLUTION
Proposing
an amendment to the Constitution so as to allow the owners of real property
located in industrial areas to remove the property from the industrial area; to
provide for the submission of this amendment for ratification or rejection; and
for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
XI, Section I, Paragraph IV of the Constitution is amended by revising
subparagraph (e) as follows:
"(e)
Any person owning property in an industrial area described in subparagraph (d)
of this
Paragraph may voluntarily remove the
property from the industrial area by filing a certificate to that effect with
the clerk of the superior court for the county in which the property is
located,
but only if the property is located on an
island. Once the certificate is filed,
the property described in the certificate, together with all public streets and
public rights of way within the property, abutting the property, or connecting
the property to property outside the industrial area
will,
shall no longer be in the industrial area
and may be
annexed by an adjacent city
shall upon the
filing of the certificate be annexed to the city which provides water service to
the property, or if no city provides water service shall be annexed to the city
providing fire service as provided under the constitutional amendments that
created such industrial areas described in subparagraph (d) of this
Paragraph. The filing of a certificate
will
shall
be irrevocable and
will
shall
bind the owners, their heirs, and their assigns. The term 'owner' includes
anyone with a legal or equitable ownership in property but does not include a
beneficiary of any trust or a partner in any partnership owning an interest in
the property or anyone owning an easement right in the
property."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to allow the owners of real
property located in industrial areas to remove the property from the industrial
area?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.
