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2018 Georgia Code 8-4-3 | Car Wreck Lawyer

TITLE 8 BUILDINGS AND HOUSING

Section 4. Clearance and Rehabilitation of Blighted Areas, 8-4-1 through 8-4-12.

ARTICLE 6 DOCUMENTATION BY HOME INSPECTORS

8-4-3. Definitions.

As used in this chapter, the term:

  1. "Blighted areas" means:
    1. Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of:
      1. Dilapidation, deterioration, age, or obsolescence;
      2. Inadequate provision for ventilation, light, air, sanitation, or open spaces;
      3. High density of population and overcrowding;
      4. The existence of conditions which endanger life or property by fire and other causes; or
      5. Any combination of such factors,

      are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and

    2. Areas which, by reason of:
      1. The predominance of defective or inadequate street layout;
      2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
      3. Insanitary or unsafe conditions;
      4. Deterioration of site improvements;
      5. Diversity of ownership;
      6. Tax or special assessment delinquency exceeding the fair value of the land;
      7. Defective or unusual conditions of title;
      8. Improper subdivision or obsolete platting;
      9. The existence of conditions which endanger life or property by fire or other causes; or
      10. Any combination of such factors,

      substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their present condition and use.

  2. "Redevelopment plan" means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area.
  3. "Redevelopment project" means:
    1. Any work or undertaking to acquire blighted areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such blighted areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight;
    2. Any work or undertaking to clear any such areas by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan;
    3. Any work or undertaking to sell, lease, or otherwise make available land in such areas for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and
    4. The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project.

(Ga. L. 1946, p. 157, § 3; Ga. L. 1951, p. 683, § 1.)

JUDICIAL DECISIONS

Blighted areas and redevelopment project does not include forest land.

- Terms "blighted areas" and "redevelopment project" as defined in Ga. L. 1951, p. 683, § 1 (see now O.C.G.A. § 8-4-3) cannot be construed to include the property of a condemnee when such property was only forest land, and to construe such terms as applying to the property was contrary to Former Ga. Const. 1945, Art. XVI (see now Ga. Const. 1983, Art. IX, Sec. II, Para. VII). Howard v. Housing Auth., 220 Ga. 640, 140 S.E.2d 880 (1965).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 20.

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