Bill Text: GA HB857 | 2009-2010 | Regular Session | Introduced
Bill Title: Real and personal property; certain persons be granted first right to purchase property; provide
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2010-01-11 - House Second Readers [HB857 Detail]
Download: Georgia-2009-HB857-Introduced.html
09 LC
38 0953
House
Bill 857
By:
Representatives Heckstall of the
62nd,
Smith of the
168th,
Mitchell of the
88th,
Johnson of the
37th,
Fludd of the
66th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating
to the acquisition and disposition of real and personal property generally, so
as to provide that certain persons be granted first right to purchase property
previously condemned by the municipality; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
37 of Title 36 of the Official Code of Georgia Annotated, relating to the
acquisition and disposition of real and personal property generally, is amended
by revising paragraph (3) of subsection (i) of Code Section 36-37-6, relating to
the sale or disposition of municipal property, as follows:
"(3)
In disposing of property, as authorized under this subsection, the municipality
shall notify the owner of such property at the time of its
acquisition.
If the original owner of the property at the time of the municipality's
acquisition of such property is deceased, the municipality shall make every
effort to locate and give notice to the original owner's next of kin. Provided
that the municipality successfully contacted the original owner's next of kin,
such next of kin shall have the first opportunity to purchase the property which
the municipality is disposing of pursuant to this subsection. If, after 180
days, the municipality is unable to identify the next of kin of the original
owner of the property at the time of such property's
acquisition
or,
if the tract from which the municipality acquired its property has been
subsequently sold,
the
municipality shall notify the owner of
abutting land holding title through the owner from whom the municipality
acquired its property. The notice shall be in writing
and
delivered to the appropriate owner or
shall
be by publication if such owner's address
is unknown; and such owner shall have the right to acquire, as provided in this
subsection, the property with respect to which the notice is given. Publication,
if necessary, shall be in a newspaper of general circulation in the municipality
where the property is located."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.