O.C.G.A.

O.C.G.A. § 22-4-2 (2019)

Legislative findings and declaration of necessity

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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

Annotations

Cross references. - Federal financial aid for rehabilitation and redevelopment of blighted areas, § 8-4-10.

JUDICIAL DECISIONS This chapter does not create additional elements compensable under eminent domain laws, but provides supplemental assistance for particular

losses incurred by reason of dislocation. DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 219 S.E.2d 707 (1975).

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: City of Griffin v. McKemie, 522 S.E.2d 288 (Ga. Ct. App. 1999).
City of Griffin v. McKemie, 522 S.E.2d 288 (Ga. Ct. App. 1999). · cites it 2× “” OCGA § 22-4-2. Although the City did abandon the condemnation proceedings, it is undisputed that the City’s sewer project was financed entirely from the proceeds of revenue bonds and that no federal or state assistance was provided to pay for or will be provided to reimburse…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.