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Property Law

HB 404: The Safe at Home Act

The Act serves to increase protections for tenants of residential properties in Georgia. Also known as the “Safe at Home Act,” the Act’s main provision requires that all rental residences are fit for human habitation. Additionally, the Act sets a maximum amount for security deposits and gives a tenant

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HB 346 - Tenant Retaliation Protection

The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the

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Commercial-Property Leases as a Means for Private Environmental Governance

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law

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PROPERTY Mortgages, Conveyances to Secure Debt, and Liens: Amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, Relating to Foreclosures on Mortgages, Conveyances to Secure Debt, and Liens, so as to Require a Foreclosur...

The Act amends the procedure for foreclosures in Georgia. The Act provides that a secured creditor provide the borrower with the identity of an individual or entity with full legal authority to modify the terms of the loan. The Act requires the identity of the secured creditor be recorded prior

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EMINENT DOMAIN AND UTILITIES Condemnation Procedures: Change the Time for Hearing Before a Special Master and to Require Notice by Certified Mail in Condemnations for Certain Purposes; Prohibit the Use of the Power of Eminent Domain to Acquire Any Pro...

The Act adds new law in an area previously lacking regulation. Previously, utility companies had no restrictions on the exercise of their eminent domain power. The Act requires utility companies to use particular procedures before invoking their right of eminent domain. The Act provides for limited state oversight in the

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EMINENT DOMAIN Condemnation Procedure Generally: Provide for Award of Reasonable Expenses in Condemnation Cases; Provide for Substantial Revision of Provisions Relating to Special Masters in Condemnation Cases; Provide for Special Master Panels; Provid...

The Act impacts the three statutorily defined methods of condemnation proceedings previously established by Georgia law. The three condemnation methods are: (1) the three assessor method; (2) the special master method; and (3) the declaration of taking method.' In condemnation proceedings over which assessors preside, the Act establishes minimal

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CRIMES AND OFFENSES Damage to and Intrusion upon Property: Provide a New Law Regarding Bombs and Explosives; Provide for Jurisdiction in Juvenile Courts; Provide Specific Definitions and a Comprehensive List of Explosives; Provide for Offenses Relatin...

The Act creates new provisions relating to bombs, explosives, and chemical and biological weapons and provides a comprehensive list of explosive materials. The Act provides for the offenses of manufacturing, transporting, distributing, and possessing with the intent to distribute an explosive device. The Act provides that a violation of certain

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PROPERTY Landlord and Tenant: Require Landlords to Give Written Notice to Prospective Residential Tenants of Recent Flooding of Leased Property; Impose Tort Liability for Noncompliance

The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by

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