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Georgia Enacts Restrictions to Eminent Domain, Part of a National Trend |
March 16, 2007
Previously published on May 15, 2006
In the Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), the majority opinion clarified that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Since Kelo, state governments have rushed to change their condemnation laws to eliminate or severely restrict takings for "public benefit." In Georgia, the General Assembly enacted the Landowner's Bill of Rights and Private Property Protection Act (the "Act"). Governor Sonny Perdue signed the Act on April 4, 2006.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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