Bill Text: GA HR136 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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10 HR 136/AP

House Resolution 136 (AS PASSED HOUSE AND SENATE)

By: Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd, and Stephens of the 164th

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.