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Call Now: 904-383-7448(a) Without limitation of the powers granted under Paragraph I, the General Assembly shall have the power to provide by law for:
(1) Restrictions upon land use in order to protect and preserve the natural resources, environment, and vital areas of this state.
(2) A militia and for the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shall be in accordance with law and the directives of the Governor acting as commander in chief.
(3) The participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, to expend public money, to condemn property, and to zone property.
(4) The continuity of state and local governments in periods of emergency resulting from disasters caused by enemy attack including but not limited to the suspension of all constitutional legislative rules during such emergency.
(5) The participation by the state with any county, municipality, nonprofit organization, or any combination thereof in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
(6) The control and regulation of outdoor advertising devices adjacent to federal aid interstate and primary highways and for the acquisition of property or interest therein for such purposes and may exercise the powers of taxation and provide for the expenditure of public funds in connection therewith.
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph I(2.); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
(c) The distribution of tractors, farm equipment, heavy equipment, new motor vehicles, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare. Notwithstanding the provisions of Article I, Section I, Paragraphs I, II, and III or Article III, Section VI, Paragraph V(c) of this Constitution, the General Assembly in the exercise of its police power shall be authorized to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. Any law enacted by the General Assembly shall not impair the obligation of an existing contract but may apply with respect to the renewal of such a contract after the effective date of such law.
(Ga. Const. 1983, Art. 3, § 6, Para. 2; Ga. L. 1992, p. 3342, § 1/SR 486.)
- Art. I, Sec. III, Para. I; Art. III, Sec. VIII, Para. IIIA; Art. III, Sec. XI, Paras. I-IV; Art. III, Sec. XII, Para. I; Art. IV, Sec. VII, Para. II; Art. IV, Sec. VIII, Paras. II, III; Art. X, Sec. II, Para. XII.
- Congress's powers as to militia, U.S. Const., art. I, sec. VIII, cl. XVI.
General restriction on power of General Assembly to grant donations, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.
Zoning and planning, Ga. Const. 1983, Art. IX, Sec. II, Para. IV.
Preservation of natural resources generally, T. 12, T. 27, T. 52.
Federal aid to education, §§ 20-2-14 et seq.,20-2-168,20-2-169,20-2-575.
Federal aid for vocational education and rehabilitation, §§ 20-4-1 et seq.,20-4-22,49-9-4 et seq.
Relocation assistance to persons displaced by federal-aid public works projects, Ch. 4, T. 22.
Naming state roads, bridges, or interchanges, § 32-4-3.
Federal aid for public roads, § 32-5-1 et seq.
Outdoor advertising, § 32-6-70 et seq.
Limited access roads, § 32-6-110 et seq.
Junkyards, § 32-6-241 et seq.
Relocation assistance for persons displaced by highway projects, Ch. 8, T. 32.
Establishment of militia districts, Ch. 2, T. 36.
State militia generally, § 38-2-1 et seq.
Emergency powers of Governor generally, §§ 38-3-51,45-12-29 et seq.
Convening of emergency session of General Assembly, § 38-3-52 et seq.
- The constitutional amendment (Ga. L. 1992, p. 3342, § 1) which added subparagraph (c) was approved by a majority of the qualified voters voting at the general election held on November 3, 1992.
- For article discussing aesthetic beauty as an element significant to zoning, see 11 J. of Pub. L. 260 (1962). For article suggesting increased state role in land use planning, see 10 Ga. L. Rev. 53 (1975). For article discussing park and outdoor recreation planning through the national park system, with special emphasis on the Chattahoochee River corridor, see 25 Emory L.J. 255 (1976). For article surveying recent legislative and judicial developments in zoning, planning and environmental law, see 31 Mercer L. Rev. 89 (1979). For annual survey of law on environment, natural resources, and land use, see 35 Mercer L. Rev. 147 (1983). For annual survey of appellate practice and procedure, see 38 Mercer L. Rev. 47 (1986). For article, "Judicial Review of Georgia Zoning: Cyclones and Doldrums in the Windmills of the Mind," see 2 Ga. St. U.L. Rev. 97 (1986). For note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983). For note, "Constitutional Barriers to Statewide Land Use Regulation in Georgia: Do They Still Exist?," see 3 Ga. St. U.L. Rev. 249 (1987). For comment on Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978), cert. denied, 440 U.S. 936, 99 S. Ct. 1281, 59 L. Ed. 2d 494 (1979), see 31 Mercer L. Rev. 375 (1979).
For standard for review of constitutionality of state land use regulations, see Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978), cert. denied, 440 U.S. 936, 99 S. Ct. 1281, 59 L. Ed. 2d 494 (1979), commented on in 31 Mercer L. Rev. 375 (1979).
- The police power of the state to zone property to prevent its use for certain purposes in the future, as distinguished from the taking or damaging in respect to a use already in existence, is not open to question and does not require the payment of any compensation. National Adv. Co. v. State Hwy. Dep't, 230 Ga. 119, 195 S.E.2d 895 (1973).
- The 1983 Constitution carried forward power exclusively in the counties and municipalities from Paragraph II of Section VIII of Article IV of the Georgia Constitution of 1976, (see Ga. Const. 1983, Art. X, Sec. 11, Paras. VI, IV, VI, and VII); the Outdoor Advertising Act does not conflict with Ga. Const. 1983, Art. IX, Sec. II, Para. IV. Patrick v. Head, 262 Ga. 654, 424 S.E.2d 615 (1993).
Cited in WMW, Inc. v. Am. Honda Motor Co., 291 Ga. 683, 733 S.E.2d 269 (2012).
- 53 Am. Jur. 2d, Military, and Civil Defense, § 1 et seq.
53A Am. Jur. 2d, Military, and Civil Defense, § 383 et seq.
- 16 C.J.S., Constitutional Law, § 419 et seq. 101A C.J.S., Zoning and Land Planning, §§ 8 et seq., 57.
- Constitutionality of statute limiting or controlling exploitation or waste of natural resources, 24 A.L.R. 307; 78 A.L.R. 834.
License tax or fee on automobiles as affected by interstate commerce clause, 25 A.L.R. 37; 52 A.L.R. 533; 115 A.L.R. 1105.
Power of state to prohibit or restrict exportation of natural resources, 32 A.L.R. 331.
Validity of privilege or occupation tax on business of severing natural resources from soil, 32 A.L.R. 827; 52 A.L.R. 187; 60 A.L.R. 101.
Powers of federal and state governments respectively as regards railroad stations, 37 A.L.R. 1372.
Constitutionality, construction, and application of statute conferring emergency powers upon governor during war, 150 A.L.R. 1488.
Regulation of junk dealers, 45 A.L.R.2d 1391.