Yet another suck-ass piece of legislation developers are trying to ram thru
This will be of interest to each of you. I haven't studied this SR1040 in detail yet, but my initial reaction is one of dismay. Seems that the developers and property rights advocates are once again flexing their political muscle.
Cheers,
Tony
P.S. Dan Reuter (see below) is the brother of Michael Reuter, one of the core individuals involved in organizing Citizens for South Oconee County.
-----Original Message-----
From: Dan Reuter [mailto:DReuter@atlantaregional.com]
Sent: Thursday, March 02, 2006 8:28 PM
Subject: GPA Legislative Alert! - SR 1040
Importance: High
Dear Georgia Planners and Affiliated Professionals,
New legislation regarding a proposed Georgia Constitutional Amendment
that could lead to a roll back of local government power to provide
planning and zoning is scheduled to receive a vote in the Georgia Senate
Judiciary Committee on Friday morning. It is expected that SR 1040 will
likely proceed forward as the Senate leadership appears committed to
giving SR 1040 a floor vote so that Senators can go on record as either
supporting or opposing the legislation.
SR 1040, which is attached, is possibly the most serious assault on
local planning and zoning control in Georgia history. The
Constitutional Amendment if passed would authorize the General Assembly
to pass a bill in 2007 to require compensation of any "taking" resulting
from "unreasonably burdensome governmental actions".
While the words in SR 1040 address compensation, the true result of the
legislation will be to limit the ability of local governments to enforce
any zoning or development regulations that result in even one cent of
perceived reduction of appraised property value. Local governments
could not only be forced to fight new zoning lawsuits for many types of
"takings" claims but also without the ability to pay unprecedented
compensation, local governments would be forced to dismantle zoning
requirements.
Georgia planners and zoning administrators should immediately distribute
and discuss the implications SR 1040 with your city and county
attorneys, managers, planning commissioners, elected officials and
citizens. We must communicate the serious implications of SR 1040 to
our State Senators. Some particular points to provide are listed below.
Requirements for financial compensation of perceived "takings" as a
result of SR 1040 will have unpredictable results and lead to zoning
litigation which will burden local governments.
Tax payers could be required to finance the defense of zoning "takings"
claims and either pay unprecedented compensation or roll back zoning
requirements.
The anticipated result of SR 1040 will be a roll back of zoning controls
that could threaten water and other environmental protections.
Radically changing existing local zoning powers through SR 1040 could
disrupt the framework that all Georgians count on to protect their
property values from adjoining "nuisance" uses of property.
The law will only benefit a very few property owners and developers.
The vast majority of Georgia homeowners will be forced to pay for
litigation while seeing their property values risked by a roll back of
local zoning controls.
Georgia has good examples of local government regulations and practices
that work with property owners and developers to achieve development
goals while balancing regulations.
We should rely on these good examples of producing win/win partnerships
with property owners and developers versus radical changes that could
disrupt our economy, create a tax burden and risk homeowners quality of
life for the benefit of a very few property owners and developers.
Compared to the vast majority of U.S. states, Georgia is a relatively
less regulated and easier state to develop private property. Reduction
of local planning and zoning authority is a radical change for Georgia.
Development and construction activities based on our existing regulatory
framework are a large contributor to the Georgia economy. Radical and
unpredictable regulatory changes put this economic activity at risk.
Georgia has grown substantially faster than most U.S. states for 3
decades and continues to lead the nation in construction based on our
existing regulatory framework.
Please consider distributing this legislation to your local officials
and ask them to contact their State Senators.
Dan Reuter, AICP
GPA President
Cheers,
Tony
P.S. Dan Reuter (see below) is the brother of Michael Reuter, one of the core individuals involved in organizing Citizens for South Oconee County.
-----Original Message-----
From: Dan Reuter [mailto:DReuter@atlantaregional.com]
Sent: Thursday, March 02, 2006 8:28 PM
Subject: GPA Legislative Alert! - SR 1040
Importance: High
Dear Georgia Planners and Affiliated Professionals,
New legislation regarding a proposed Georgia Constitutional Amendment
that could lead to a roll back of local government power to provide
planning and zoning is scheduled to receive a vote in the Georgia Senate
Judiciary Committee on Friday morning. It is expected that SR 1040 will
likely proceed forward as the Senate leadership appears committed to
giving SR 1040 a floor vote so that Senators can go on record as either
supporting or opposing the legislation.
SR 1040, which is attached, is possibly the most serious assault on
local planning and zoning control in Georgia history. The
Constitutional Amendment if passed would authorize the General Assembly
to pass a bill in 2007 to require compensation of any "taking" resulting
from "unreasonably burdensome governmental actions".
While the words in SR 1040 address compensation, the true result of the
legislation will be to limit the ability of local governments to enforce
any zoning or development regulations that result in even one cent of
perceived reduction of appraised property value. Local governments
could not only be forced to fight new zoning lawsuits for many types of
"takings" claims but also without the ability to pay unprecedented
compensation, local governments would be forced to dismantle zoning
requirements.
Georgia planners and zoning administrators should immediately distribute
and discuss the implications SR 1040 with your city and county
attorneys, managers, planning commissioners, elected officials and
citizens. We must communicate the serious implications of SR 1040 to
our State Senators. Some particular points to provide are listed below.
Requirements for financial compensation of perceived "takings" as a
result of SR 1040 will have unpredictable results and lead to zoning
litigation which will burden local governments.
Tax payers could be required to finance the defense of zoning "takings"
claims and either pay unprecedented compensation or roll back zoning
requirements.
The anticipated result of SR 1040 will be a roll back of zoning controls
that could threaten water and other environmental protections.
Radically changing existing local zoning powers through SR 1040 could
disrupt the framework that all Georgians count on to protect their
property values from adjoining "nuisance" uses of property.
The law will only benefit a very few property owners and developers.
The vast majority of Georgia homeowners will be forced to pay for
litigation while seeing their property values risked by a roll back of
local zoning controls.
Georgia has good examples of local government regulations and practices
that work with property owners and developers to achieve development
goals while balancing regulations.
We should rely on these good examples of producing win/win partnerships
with property owners and developers versus radical changes that could
disrupt our economy, create a tax burden and risk homeowners quality of
life for the benefit of a very few property owners and developers.
Compared to the vast majority of U.S. states, Georgia is a relatively
less regulated and easier state to develop private property. Reduction
of local planning and zoning authority is a radical change for Georgia.
Development and construction activities based on our existing regulatory
framework are a large contributor to the Georgia economy. Radical and
unpredictable regulatory changes put this economic activity at risk.
Georgia has grown substantially faster than most U.S. states for 3
decades and continues to lead the nation in construction based on our
existing regulatory framework.
Please consider distributing this legislation to your local officials
and ask them to contact their State Senators.
Dan Reuter, AICP
GPA President
Comments