Land Use Regulations - Referendum

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  2. Georgia Code
  3. Agriculture
  4. Soil and Water Conservation
  5. Soil and Water Conservation Districts
  6. Land Use Regulations - Referendum

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  1. The supervisors shall not have the authority to adopt land use regulations until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have considered the result of such referendum. No proposed regulations shall be submitted in a referendum until after they have been submitted to and approved in writing by the commission. Copies of such proposed regulations shall be available for the inspection of all eligible voters during the period between the publication of the notice and the date of the referendum. The notice of the referendum shall recite the contents of the proposed regulations or shall state where copies of such proposed regulations may be examined.
  2. The question shall be submitted by ballots, upon which the words:
  3. The supervisors shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof.
  4. All owners of lands within the district, and only such landowners, shall be eligible to vote in the referendum.
  5. No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in this Code section and if the referendum was conducted fairly.
  6. The supervisors shall not have the authority to adopt proposed regulations unless at least a majority of the votes cast in the referendum were cast for approval of the proposed regulations. However, the approval of the proposed regulations by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to adopt such proposed regulations.

" [ ] YES Shall the proposed land use regulations for conser- [ ] NO vation of soil and prevention of erosion be ap- proved?" shall appear, with directions that all persons desiring to vote for approval of the regulations shall vote "Yes" and all persons desiring to vote against the regulations shall vote "No."

(Ga. L. 1937, p. 377, § 9; Ga. L. 1988, p. 269, § 13.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, the comma after " 'erosion be approved?' " in subsection (b) was deleted.

RESEARCH REFERENCES

ALR.

- Referendum of general legislative act to people in absence of constitutional requirement in that regard, 76 A.L.R. 1053.


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