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Property Law

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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EMINENT DOMAIN Exercise of Power of Eminent Domain for Special Purposes: Provide Restrictions on Use of Eminent Domain Power by Petroleum Pipeline Companies

The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline

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PROPERTY Regulation of Specialized Land Transactions: Revise Georgia Land Sales Act; Remove Georgia Real Estate Commission as Administrator

The Act removes the Georgia Real Estate Commission (Commission) as administrator of the Georgia Land Sales Act (GLSA) and repeals the provision relating to fees and expenses, enforcement and sanctioning authority, and immunity of the Commission. The Act vests enforcement of the GLSA in the Attorney General or the district

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COMMERCE AND TRADE Brokerage Relationships in Real Estate Transactions: Provide Codification of the Relationships Between Real Estate Brokers and Consumers of Brokerage Services

The Act defines the legal relationship between a real estate broker and other parties to a real estate transaction, and establishes the duties and responsibilities in those relationships. The Provisions of the Act may serve as a basis for a defense or a private right of action by real estate

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PROPERTY Mortgages, Liens, and Security: Provide for Notice of Lien Rights to Owners of Real Property, Contractors, and Providers of Labor, Services or Materials

The Act provides that owners or contractors of real property must provide written notice of the identities of the property owner, the contractor, and any surety or construction lender for a construction project to persons who are not in privity of contract with the project contractor and who provide labor,

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PROPERTY Commercial Real Estate Broker Lien Act: Provide for Civil Actions to Enforce Liens of Commercial Real Estate Brokers

The Act authorizes commercial real estate brokers to execute liens on commercial real estate arising out of a listing or any other agreement for the management, sale, or lease of commercial real estate. The Act permits real estate brokers to commence civil actions to enforce such liens and provides for

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