TITLE 22 EMINENT DOMAIN

Section 4. Relocation of Persons, Businesses, etc., Displaced by Federal-Aid Projects, 22-4-1 through 22-4-15.

ARTICLE 8 ELECTRIC TRANSMISSION LINES

22-4-2. Legislative findings and declaration of necessity.

The General Assembly finds and declares that the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced when the state, any of its agencies or institutions (other than the Department of Transportation), or any county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation, or public instrumentality, excluding electric membership corporations as defined in paragraph (3) of Code Section 46-3-171, (collectively referred to in this chapter as "several public entities") created under the Constitution and laws of the State of Georgia acquires land, with federal financial assistance, for a public use, are necessary to ensure that certain individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The General Assembly finds and declares that the establishment of uniform fair land acquisition policies will be beneficial to the public. The General Assembly finds that the Congress of the United States has, by enacting the Uniform Act, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General Assembly further finds that the Congress of the United States has by the aforesaid statute provided for the total cessation after July 1, 1972, of federal financial assistance for public works projects which will displace persons or businesses unless the state complies with the requirements of the Uniform Act. The General Assembly finds and declares that the construction of public works projects with federal financial assistance is vital to the state and is in the best interest of the people of the state and that providing for the continuation of federal financial assistance at the highest possible level for public works projects is a legitimate public purpose. The General Assembly further finds that the cost of providing the assistance and services provided for in this chapter should be, and the same are declared to be, part of the necessary cost of federal-aid public works projects.

(Ga. L. 1973, p. 512, § 2; Ga. L. 1989, p. 213, § 2; Ga. L. 1990, p. 8, § 22.)

The 1989 amendment, effective March 30, 1989, inserted ", excluding electric membership corporations as defined in paragraph (3) of Code Section 46-3-171" near the middle of the first sentence; substituted "Uniform Act" for "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, Ninety-first Congress, approved January 2, 1971" in the third sentence; and substituted "the Uniform Act" for "Public Law 91-646" at the end of the fourth sentence.

The 1990 amendment, effective February 16, 1990, part of an Act to correct errors and omissions in the Code, revised language and punctuation in this Code section.