Bill Text: GA HR3 | 2011-2012 | Regular Session | Introduced
Bill Title: Property; zoning laws; prohibit - CA
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - House Second Readers [HR3 Detail]
Download: Georgia-2011-HR3-Introduced.html
11 LC 28
5311
House
Resolution 3
By:
Representative Franklin of the
43rd
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that no restrictions shall be
placed by any government or governmental entity on the use of property within
this state; to provide that land use and zoning laws, ordinances, and
resolutions shall be prohibited; to provide for related matters; 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
IX, Section II, Paragraph IV of the Constitution is amended by revising the
paragraph to read as follows:
"Paragraph
IV.
Planning
and zoning.
The
governing authority of each county and of each municipality
may
Neither the
state nor any political subdivision or governmental entity of this state
shall adopt
land
use plans
and
may
or
exercise the power of zoning
over private
property in this state.
This
authorization shall not prohibit the
The
General Assembly
shall be
prohibited from enacting
general
any
laws regarding
the use of private property or the zoning of private property and
from establishing procedures for
or
authorizing the exercise of such power.
All laws,
ordinances, resolutions, and other enactments establishing land use plans or
zoning for private property in this state on January 1, 2013, shall be void and
of no force or effect."
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 recognize the right of private
property ownership by guaranteeing that property owners will have the full use
of their property without governmental restraints?"
|
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.