Delegation of Powers; Limitations on Delegation

  1. Law
  2. Georgia Code
  3. Local Government
  4. Redevelopment Powers
  5. Delegation of Powers; Limitations on Delegation

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  1. Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 36-44-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it.
  2. Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
    1. Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7;
    2. The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision;
    3. A tax allocation district must be created by resolution of the local legislative body of the political subdivision;
    4. The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision;
    5. The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and
    6. A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the "Urban Redevelopment Law."

(Code 1981, §36-44-6, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)

Code Commission notes.

- The amendment of this Code section by Ga. L. 2009, p. 8, § 36, irreconcilably conflicted with and was treated as superseded by Ga. L. 2009, p. 158, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).


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