Procedure When Documented Conflict

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Acquisition of Property for Transportation Purposes
  5. General Provisions
  6. Procedure When Documented Conflict

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  1. As used in this Code section, the term:
    1. "Acquisition" means the acquisition of rights of way or right of way easements in lieu of condemnation.
    2. "Condemnation" means condemnation of rights of way or right of way easements pursuant to this title.
    3. "Documentation of a conflict" means documentation produced by a condemning authority to a property owner revealing a proposed cure for an alleged damage that resulted as part of a condemnation or from acquisition through negotiations, of which the cure proposed to the property owner by the condemning authority would result in a violation of a local government land use ordinance or land disturbance regulation.
  2. When rights of way or real property or interests therein are acquired or condemned by a state agency, county, or municipality for public road purposes and a documentation of a conflict has been issued to a property owner, the local jurisdiction shall:
    1. Grant a minimum degree of variance from land use or land disturbance permitting standards for the remaining parcel to the property owner or any successor in interest. Such variance shall be granted upon satisfactory production of proof of the transfer of title of the acquired or condemned property or interests in property to the condemning authority and the documentation of a conflict; provided, however, that application for any such variance has been made no later than five years after the transfer of property or interests in property; or
    2. Provide to the property owner or any successor in interest just and adequate compensation for damages related to a conflict with local land use ordinances or regulations as identified by documentation of a conflict and upon denial of a variance sought pursuant to paragraph (1) of this subsection; provided, however, that no compensation shall be paid either directly or indirectly by the acquirer or condemnor.

(Code 1981, §32-3-3.2, enacted by Ga. L. 2020, p. 371, § 6/HB 1098.)


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