Georgia property owners now have a new legal tool to challenge local officials over alleged public disorder that hurts homes and businesses.
House Bill 295, signed by Georgia Gov. Brian Kemp, creates a claims process for owners seeking compensation from a county, city or consolidated government over lost property value or expenses tied to a local government’s alleged nonenforcement of certain laws or maintenance of a public nuisance.
The law took effect July 1 and covers alleged local policies, patterns or practices of failing to enforce laws against illegal public camping, loitering, obstructing public thoroughfares, panhandling, drug possession, shoplifting, public intoxication and public urination while trespassing on private property. It gives aggrieved individuals a path to seek court relief over violations of Georgia’s ban on immigration sanctuary policies or failures to comply with immigration detainer notices.
Property owners must first submit a written claim to the local government, itemizing the loss or expenses and identifying the policy, practice or nuisance behind it. Local officials then have 30 days to act. If they reject the claim or do not respond, the owner may sue in superior court.
Republican state Rep. Houston Gaines of Athens, the bill’s sponsor, said the law is about forcing cities to enforce existing laws.
“Allowing illegal encampments, theft and disorder to flourish is not kindness,” Gaines said, according to The Associated Press. “It’s neglect.”
Democrats and homelessness advocates have argued the measure could lead to more arrests of homeless people and lawsuits paid by taxpayers. The law includes limits: compensation generally cannot exceed the ad valorem property taxes paid to that local government in the prior tax year, and repeated unsuccessful claims can expose property owners to local litigation costs.
