Bill Text: GA SB340 | 2011-2012 | Regular Session | Introduced

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Bill Title: Property; covenants; provisions; adopted prior to the adoption of zoning laws

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-02-02 - Senate Read Second Time [SB340 Detail]

Download: Georgia-2011-SB340-Introduced.html

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12 LC 29 5020

Senate Bill 340

By: Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Loudermilk of the 52nd, Wilkinson of the 50th and others

A BILL TO BE ENTITLED
AN ACT

To provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly finds that current law, Code Section 44-5-60, relating to covenants running with the land, is vague and is in fact silent as to the treatment of covenants which were created prior to a county or municipality adopting zoning laws. The General Assembly finds that during its 1935 session, it provided for covenants running with the land terminating at a point certain when municipalities had adopted zoning laws and that in its 1962 session, it further provided for covenants running with the land terminating at a point certain in those areas of counties for which zoning laws had been adopted. However, the General Assembly finds that at no point has this body pronounced how covenants running with the land which were created prior to the existence of zoning laws should be treated, and therefore, it is the intent of the General Assembly to clarify and correct the current vagaries in the law.

SECTION 2.

Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, is amended by revising subsection (b) as follows:

"(b) Notwithstanding subsection (a) of this Code section, covenants restricting lands to certain uses shall not run for more than 20 years in municipalities which have adopted zoning laws nor in those areas in counties for which zoning laws have been adopted; provided, however, that any covenant restricting lands to certain uses which was created prior to zoning laws being adopted by a county or municipality shall continue to be effective until the expiration of such covenant in accordance with its terms."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.