Georgia has passed through its Senate some of the toughest eminent domain legislation in the country as they have proscribed tough definitions of blight, the loophole developers and politicians alike have used to take perfectly good homes by force to transfer to developers. The Supreme Courts Kelo decision motivated the legislature to tighten the laws of the state.
An amendment to eliminate blight from the statute completely was knocked back as the leadership did not want to disturb the negotiated deal between the parties. This may be brought up in future sessions.
Legislators began working in 2005 to eliminate government’s power to take private property for economic development after the U.S. Supreme Court ruled in favor of the city of New London, Conn., in just such a case.
Among other changes, the legislation also would strictly define the conditions of blight and public use under which property may be taken; require those conditions be applied on a property-by-property basis, rather than across entire neighborhoods; and require elected city and county officials to sign off when housing and development authorities attempt to use the power.
By a narrow vote of 27-25, senators shot down an amendment by first-term state Sen. Jeff Chapman (R-Brunswick) that would have eliminated entirely government’s ability to clear blighted property through eminent domain.
“I believe our Founding Fathers got it right the first time,” Chapman said. “The power of eminent domain should be restricted to public use.” via Atlanta Business Chronicle
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