Eminent Domain/Condemnation (8)

Date of Last Recorded Action: 5/10/2019

HB 0090 NegotiatingLand Purchase - Illegal for Board Member to Discuss if Conflict of Interest Robert Gasaway
3/30/2017 House Withdrawn, Recommitted Judiciary Non-Civil --
2017/01/27-Report Criminal Procedure Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation
Ethics General County Government Procurement Public Safety and Courts Todd Edwards
This legislation makes it a misdemeanor for members of the board of commissioners, city council, school board or local board or authority to knowingly and intentionally vote, attempt to influence a vote, or be present in executive or closed session when their respective body is considering or discussion the acquisition of property if the member has direct or indirect ownership interest in the property, or any business in which the member serves in a fiduciary capacity has an ownership interest in the property.      
HB 0434 SupportEminent Domain - Condemnation of Blighted Property Wendell Willard
7/1/2017 Effective Date Judiciary Judiciary -
2017/02/24 - Report 2017/03/06 - Report 2017/03/24 - Report Econ. Dev. & Transportation Economic Development
Eminent Domain/Condemnation Financing General County Government Larry Ramsey
This bill establishes a process whereunder a local government can seek initial court determination of whether a property is blighted, and remedy of blight is deemed to be a "public use." If property is determined to be blighted, it can be the subject of condemnation proceedings. Additionally, such blighted property would not be subject to the normal limitations that a government must 1) hold condemned property for at least 20 years and 2) offer the property back to the prior owner if not put to public use within five years.
HB 0518 NeutralCity Franchise Fees on Telecommunications - Change Calculation Lee Hawkins
2/20/2018 House Committee Favorably Reported By Substitute Energy, Utilities and Telecommunications --
Business and Occupation Tax Econ. Dev. & Transportation Eminent Domain/Condemnation Franchise Fees General County Government
Preemption Revenue & Finance Roads Telecommunications Todd Edwards
This legislation reduces the rate which the Georgia DOT may charge for the installation of telephone and other communications facilities in its right to $100 per linear mile annually.  Furthermore, it caps the amount of franchise fees a city can charge telephone companies that do not have retail end user customers within its jurisdiction at $100 per linear mile.       
HB 0887 OpposeWireless Industry Preemption of Local Management of Public Right of Way Jay Powell
3/27/2018 Senate Passed/Adopted By Substitute Ways and Means Regulated Industries and Utilities -
2018/02/09 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report Broadband
Business and Occupation Tax Econ. Dev. & Transportation Economic Development Emergency Management/Preparedness Eminent Domain/Condemnation
Franchise Fees General County Government Larry Ramsey Public Safety and Courts Revenue & Finance
Roads Sales Tax-Local Todd Edwards

While this bill began, constructively, as a rural broadband bill, the Senate Regulated Industries Committee stripped and replaced it with the language of SB 426.  This wireless industry legislation guarantees authorization for wireless providers to construct and place poles (50' high), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 25 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW).  Local government management of the above is all but entirely usurped; the grounds by which applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.  

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation.  While some of our recommendations were made, most of these "concessions" are so wrought with legal loopholes that their purported purpose has been nullified. 

For ACCG's concerns with (and suggestions for) this bill and SB 426, please click here.  

HR 1539 SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018 House Second Readers Transportation --
Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation Franchise Fees
General County Government Preemption Public Safety and Courts Revenue & Finance Roads
Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, mirroring SR 1019, creates the House study committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five House members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area.        
SB 0162 NegotiatingEminent Domain - Payment of Assessors' Costs and Condemnee's Attorneys Fees Frank Ginn
2/14/2017 Senate Read and Referred -Judiciary -
2017/02/17-Report Eminent Domain/Condemnation General County Government Larry Ramsey Mandate
This legislation would require the county to pay all assessors' costs, as well as the condemnee's attorneys fees, in a condemnation case where the total amount awarded is 10 percent or more of the highest amount offered by the county.
SB 0191 NeutralDesignating the Shoal Bass as the State Riverine Sport Fish Rick Jeffares
3/27/2018 House Postponed Energy, Utilities & Telecommunications Natural Resources and the Environment -
2017/03/06 - Report Eminent Domain/Condemnation Kathleen Bowen Land Use/Zoning Nat. Res. & the Environment
Water Quality
This legislation designates the shoal bass as the official Georgia state native riverine sport fish.
SR 1019 SupportCounty Right of Way for Telecommunications Deployment - Create Study Committee Frank Ginn
3/27/2018 Senate Passed/Adopted By Substitute -Regulated Industries and Utilities -
2018/03/23 Report Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation
Franchise Fees General County Government Preemption Public Safety and Courts Revenue & Finance
Roads Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, similar to HR 1698, creates the Senate Study Committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five Senate members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area to achieve modernization, fairness and technology neutrality regarding access to the rights of way.       
Green background on status indicates a bill has been acted on the last recorded legislative day.








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