EMINENT DOMAIN Nature of Right of Eminent Domain: Change Certain Provisions Relating to the Nature of the Right of Eminent Domain; Provide for the Limitation of Public Purposes for Which Eminent Domain May be Exercised; Provide for Statutory Construction; Provide for Legislative Intent; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

Authors

Jack NicholsFollow

Document Type

Peach Sheet

Abstract

The bill would have limited the state's ability to take private property under the eminent domain power of the state. In times of peace, the bill would have allowed the General Assembly to authorize proper authorities to take any land for the following public purposes: construction of roads, defenses, channels for trade or travel, and other public purposes. The General Assembly would determine other public purposes, but the General Assembly could not define a public purpose as either increasing the tax base or economic development. Specifically, the bill would have prohibited the condemnation of private property when the proposed developmental purpose of a private developer or corporation was to increase the tax revenue, property values, or for economic development. Ultimately, the bill sought to make it difficult for private developers and corporations to obtain private property via eminent domain. Furthermore, the bill would have limited the power of eminent domain for community redevelopment projects.

Recommended Citation

Jack Nichols, EMINENT DOMAIN Nature of Right of Eminent Domain: Change Certain Provisions Relating to the Nature of the Right of Eminent Domain; Provide for the Limitation of Public Purposes for Which Eminent Domain May be Exercised; Provide for Statutory Construction; Provide for Legislative Intent; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes, 22 Ga. St. U. L. Rev. (2005).
Available at: https://readingroom.law.gsu.edu/gsulr/vol22/iss1/6