reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 2 - SOLAR EASEMENTS (§§ 44-9-20 — 44-9-23) › Section 44-9-22 - Establishment of solar easements

Any easement obtained for the purpose of ensuring the exposure of a solar energy device shall be created in writing and shall be subject to the same requirements of conveyance and recording as other easements.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 2 - SOLAR EASEMENTS (§§ 44-9-20 — 44-9-23) › Section 44-9-23 - Contents of solar easements

Any instrument creating a solar easement shall include, but shall not be limited to:
(1)
A definite and certain description of the airspace affected by such easement; and
(2)
Any terms or conditions or both under which the solar easement is granted or will be terminated.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-40 - Authority of superior court to grant private ways; filing of petition as declaration of necessity; when proceeding enjoined

(a)
The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of business. Private ways shall not exceed 20 feet in width and may be as much less as the applicant may choose or as the court may find to be reasonably necessary. They shall be kept open and in repair by the person on whose application they are established or his successor in title.
(b)
When any person or corporation of this state owns real estate or any interest therein to which the person or corporation has no means of access, ingress, and egress and when a means of ingress, egress, and access may be had over and across the lands of any private person or corporation, such person or corporation may file his or its petition in the superior court of the county having jurisdiction; said petition shall allege such facts and shall pray for a judgment condemning an easement of access, ingress, and egress not to exceed 20 feet in width over and across the property of the private person or corporation. The filing of the petition shall be deemed to be the declaration of necessity; however, where it appears that the condemnor owns a right of access, ingress, and egress to his property over another route or owns an easement to a right of private way over another route, which right or easement is not less than 20 feet in width and which alternate route affords such person or corporation a reasonable means of access, ingress, and egress, or where the judge shall find that the exercise of such right of condemnation by the condemnor is otherwise unreasonable, the judge of the superior court is authorized under such circumstances to find that the condemnation and the declaration of necessity constitute an abuse of discretion and to enjoin the proceeding.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-42 - Selection of assessors

The petition for condemnation shall name an assessor to act on behalf of the person or corporation seeking to condemn the easement of private way; and the selection of a board of assessors shall be in the way and manner provided for by Part 3 of Article 1 of Chapter 2 of Title 22.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-43 - Show cause order; selection of assessors; hearing before assessors

Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section
44-9-41
, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why the easement for private way should not be condemned and requiring the said owner or owners to name an assessor to act on his or their behalf. On the return day, the judge shall fix the time and place for a hearing before the board of assessors; but the same may be changed by the board of assessors in accordance with Code Section
22-2-60
. In all other respects, the hearing before the board of assessors, together with the assessment of damages by them, shall be as is provided for in Part 4 of Article 1 of Chapter 2 of Title 22.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-44 - Appeals from award of assessors; jury trial

Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-45 - Maintenance of private way by condemnor; failure to maintain as abandonment

Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of the private way; and the title thereto shall revert to the owner of the property over which the private way was condemned or his successors in title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-46 - Determination of amount of compensation and other issues by jury; payment and disposition of damages

The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor's right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court's order regarding the party or parties entitled thereto.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-47 - Motions and proceedings subsequent to judgment; payment of compensation; nonpayment as abandonment; effect of abandonment on subsequent application

With respect to the judgment of the court in such case, any party may have all remedies provided by law, including a motion for a new trial, a motion for an appeal, a motion for judgment on the pleadings, or a motion for judgment notwithstanding the verdict. Before the judgment becomes final and after the determination of any motions or appeals, the compensation fixed by the jury shall be paid in cash into the registry of the court by the applicant; and, upon the failure to pay the compensation, the private way applied for shall be considered abandoned. Upon a motion made by any interested party and a notice of not less than ten days to the applicant for the private way, the court shall enter a judgment of abandonment accordingly. If the right to the private way is abandoned in this manner and, after notice to the applicant, the court so finds, no application for a private way over the same land shall thereafter be filed by the same applicant or his successor in title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-48 - Agreements between parties as to payment of compensation

Code Section
44-9-47
shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon terms to which the parties agree, including security for compensation so fixed, provided and on condition that the agreement of the parties is approved by the court and that the court fixes reasonable conditions under which the right of private way shall be abandoned and a judgment of abandonment entered after notice for a period of ten days in the manner provided by Code Section
44-9-47
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-49 - Establishment of private way by agreement between parties

Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered on the official minutes of the county commission and the road deed file and, when so done, shall have the same effect as though established by Code Sections
44-9-40
through
44-9-48
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-50 - Recording of private way; protection of owner's use

When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the road deed file; and the owner thereof shall be entitled to be protected in the use of the same as a public road.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-51 - Establishment of private way by several landowners; duties and privileges of subsequent vendees

Several landowners may join together in opening a private way or in maintaining it after establishment or both. When this has been done and has been entered on the official minutes of the county commission and the road deed file, the duties and privileges incident thereto shall extend to vendees of the same real estate.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-52 - Establishment and apportionment of private way by several landowners

When several landowners join together in opening a private way, they may apportion the road work among themselves.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-53 - Establishment of private way over wild lands without notice to landowner; assessment of damages after notice

If a private way is established over the wild lands of a person who has no notice of the proceeding, at any time within six months after the receipt of such notice he may proceed to have damages assessed against all the landowners who habitually use the private way.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-54 - Establishment of private way by prescription

Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-55 - Establishment of private way by prescription; when owners barred from damages

When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months' knowledge of such facts without moving for damages.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-56 - Notice of closing of private way after one year's use

If a road has been used as a private way for as much as one year, the owner of the land over which it passes may not close it up without first giving the common users of the private way 30 days' written notice so that they may take steps to have it made permanent pursuant to Code Sections
44-9-42
through
44-9-48
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-57 - Limitation on use of private ways for specific commercial purposes

(a)
When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing where the business of rafting or shipping is carried on or to any railroad depot, the use of the private way shall not extend to the use of any landing erected by a person for his own benefit.
(b)
Notwithstanding subsection (a) of this Code section, if there is only one bluff or place of landing, the owner may not appropriate it to himself exclusively if he will not be damaged by the admission of others to its use or if he is properly compensated for any damages he sustains; but no person shall be entitled to use the wood-slide or other improvement erected by another for his own use or a timber landing while the owner is using it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-58 - Petition to use another's landing

When the applicant for a private way also desires to use another's landing, he must state this desire in his petition so that proper damages may be assessed for such use.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-59 - Obstructions; proceedings for removal; petition; rule nisi; order; appeal; fees

(a)
In the event the owner or owners of land over which a private way may pass or any other person obstructs, closes up, or otherwise renders the private way unfit for use, the party or parties injured by the obstructions or other interference may petition the judge of the probate court in the county where the private way has been in use to remove the obstructions; and, upon the petition being filed, the judge shall issue a rule nisi directed to the party or parties complained against calling upon the offending parties to show cause why the obstructions should not be removed and the free use of said private way reestablished. The rule shall be served by the sheriff or his deputy at least three days before the day set for the hearing; and when the day arrives the judge shall proceed to hear evidence as to the obstructions or other interference. If it appears that the private way has been in continuous, uninterrupted use for seven years or more and no steps were taken to prevent the enjoyment of the same, the judge shall grant an order directing the party or parties so obstructing or otherwise interfering with the right of way to remove the obstructions or other interference within 48 hours; and, if the party or parties fail to remove the obstructions, the judge shall issue a warrant commanding the sheriff to remove the obstructions immediately.
(b)
Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right.
(c)
The fee of the judge of the probate court in a proceeding under subsection (a) of this Code section shall be paid by the losing party. The sheriff's fees shall be the same as those charged for serving a petition or other process of court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 3 - PRIVATE WAYS (§§ 44-9-40 — 44-9-60) › Section 44-9-60 - Conditions for converting private ways into public roads

Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in connection with adjacent public roads.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-70 - Obtaining rights of way for mining, quarrying, and other business

Any person, firm, corporation, company of persons, or corporation chartered under the laws of any state of the United States who is actually engaged in the business of mining iron, copper, gold, coal, or any other metal or mineral; quarrying marble, granite, or any other stone; or making copperas, sulphur, saltpeter, alum, or other similar articles and who needs a right of way for a railroad, turnpike, or roadway; an easement for pipelines or power lines; or a common road across the lands of others in order to operate his business successfully may obtain a right of way in the manner provided in this article for acquiring the right to convey water across the lands of others by the owners of mines. All proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-71 - Appointment of arbitrators in right of way disputes

In the event the parties disagree as to the necessity for the right of way sought to be condemned and as to the compensation to be paid to the landowners therefor, arbitrators may be selected as provided by Parts 1 and 2 of Article 2 of Chapter 9 of Title 9.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-72 - Arbitration of requests for diversions of watercourses

In all cases where it may be deemed desirable and necessary to divert any watercourse from its usual channel for any of the purposes specified in Code Section
44-9-70
, it shall be lawful to submit the request to arbitration as provided in Chapter 9 of Title 9; and the arbitrators shall decide if it is necessary to divert the watercourse, who will be damaged by the diversion, and the amount of damage which will result.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-73 - Right of mine owner to control water power with canal or dam; damages to intervening landowners; application to probate court for such right

(a)
The owner of any mine shall have the right to enter upon any land between the mine and the water power upon which the mine is dependent and to cut thereon such ditch, canal, or tunnel or to construct such flume or other aqueduct and to build such dam as may be necessary to control the water power; provided, however, that the mine owner shall first have the damages assessed arising to the owner of the intervening land or to the owner of the land on which the dam is to be erected and shall pay such damages to the owner of the land so intervening or on which such dam is to be erected.
(b)
After giving the owner of the land to be entered upon at least five days' notice of his intention to make such application, the owner of the mine shall present to the judge of the probate court of the county his written application for the right and privilege of cutting such ditch, canal, or tunnel or constructing such flume or aqueduct or erecting such dam.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-74 - Right to drain mine, carry off ore or transport items over adjoining land; compensation of landowner; application for such right; proceedings

(a)
The owner of any mine shall have the right to enter upon any land and to cut and open thereon such ditches, canals, and tunnels or to construct such flumes or other aqueducts or such rope, wire, track, or other tramway or such wagonway as may be necessary to drain his mine, to carry off and drain away the water and tailings of the mine or mining operations, or to carry off and transport any crude ore from the mine or mining operations to the mill or other place of reduction where the ore is to be refined; provided, however, that the mine owner shall first have the damages arising or which may arise to the owner of the land assessed and shall pay same to the owners of such land.
(b)
The mine owner who desires the right and privilege of cutting and opening ditches, canals, or tunnels or of constructing such flumes or other aqueducts shall make his application under and according to the provisions and requirements specified in Title 22 and all proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22, all of which provisions and requirements are extended to the owners of mines desiring to drain their mines and to carry off the water and tailings from their mines and mining operations through or over the land of others.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-75 - Application of article to lessee of mine

Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall be entitled to avail himself or themselves of the benefits and privileges of this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 4 - RIGHTS OF WAY FOR MINING, QUARRYING, ETC (§§ 44-9-70 — 44-9-76) › Section 44-9-76 - Amount of water allowed to be withdrawn from stream above mill or factory by mine owner or lessee

In no instance shall a greater amount of water, measured in cubic feet, than the surplus be withdrawn and carried away entirely from a stream above any mill or factory, surplus water being that full amount of water that would run to waste with a tight mill dam at such mill or factory. This Code section shall apply as fully to owners of mines as to lessees of mines.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 5 - TIMBER TRAMWAYS (§§ 44-9-90 — 44-9-92) › Section 44-9-90 - Petition for construction of tramway

Any person or corporation desiring to build or construct any tramway to connect with any waterway or railway in this state for the purpose of transporting lumber, naval stores, and timber by means of the same may make application in writing to the judge of the probate court or the county commissioners of the county in which the tramway is to be located, which application shall set out the length of the tramway, the starting place and the terminus, and the line of its location.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 5 - TIMBER TRAMWAYS (§§ 44-9-90 — 44-9-92) › Section 44-9-91 - Proceedings to lay out way; maximum width

When the application provided for in Code Section
44-9-90
has been filed in the office of the judge of the probate court or the office of the county commissioners, as the case may be, all the proceedings thereafter shall be the same as are allowed and directed by Title 22 for condemning property, except that the strip of land to be used for such purpose shall not exceed 20 feet in width.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 5 - TIMBER TRAMWAYS (§§ 44-9-90 — 44-9-92) › Section 44-9-92 - Abandonment; effect

If the tramway so laid out shall at any time cease to be used for such purposes, the land employed for such way shall revert to the owner thereof.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-1 - Short title

This article shall be known and may be cited as the "Georgia Uniform Conservation Easement Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-2 - Definitions

As used in this article, the term:
(1)
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.
(2)
"Holder" means:
(A)
A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(B)
A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.
(3)
"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-3 - Creation or alteration of conservation easements; acceptance; duration; effect on existing rights and duties; limitation of liability; encumbered property must be located within boundaries of locality holding easement

(a)
Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, except that a conservation easement may not be created or expanded by the exercise of the power of eminent domain.
(b)
No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c)
Except as provided in subsection (c) of Code Section
44-10-4
, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(d)
An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
(e)
The ownership or attempted enforcement of rights held by the holder of an easement shall not subject such holder to any liability for any damage or injury that may be suffered by any person on the property or as a result of the condition of such property encumbered by a conservation easement.
(f)
No county, municipality, or consolidated government shall hold a conservation easement unless the encumbered real property lies at least partly within the jurisdictional boundaries of such county, municipality, or consolidated government.
Amended by 2012 Ga. Laws 607,§; III-3-2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-4 - Actions affecting easements; parties; power of court to modify or terminate easement

(a)
An action affecting a conservation easement may be brought by:
(1)
An owner of an interest in the real property burdened by the easement;
(2)
A holder of the easement;
(3)
A person having a third-party right of enforcement; or
(4)
A person authorized by other law.
(b)
The easement holder shall be a necessary party in any proceeding of or before any governmental agency which may result in a license, permit, or order for any demolition, alteration, or construction on the property.
(c)
This article does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-5 - Validity of easement

A conservation easement is valid even though:
(1)
It is not appurtenant to an interest in real property;
(2)
It can be or has been assigned to another holder;
(3)
It is not of a character that has been recognized traditionally at common law;
(4)
It imposes a negative burden;
(5)
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6)
The benefit does not touch or concern real property; or
(7)
There is no privity of estate or of contract.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-6 - Interests covered by article; interests not invalidated by article

(a)
This article applies to any interest created after July 1, 1992, which complies with this article, whether designated as a conservation or facade easement, or as a covenant, protective covenant, equitable servitude, restriction, easement, or otherwise.
(b)
This article applies to any interest created before July 1, 1992, if such interest would have been enforceable had such interest been created after July 1, 1992, unless retroactive application contravenes the Constitution or laws of this state or the United States.
(c)
This article does not invalidate any interest, whether designated as a conservation or preservation or facade easement or as a covenant, protective covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-7 - Construction and application of article to effect uniformity of laws

This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 1 - UNIFORM CONSERVATION EASEMENTS (§§ 44-10-1 — 44-10-8) › Section 44-10-8 - Recordation of easements; revaluation of encumbered property; appeals

A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be notice to the board of tax assessors of such county of the conveyance of the conservation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of the encumbrance on the next succeeding tax digest of the county. Any owner who records a conservation easement and who is aggrieved by a revaluation or lack thereof under this Code section may appeal to the board of equalization and may appeal from the decision of the board of equalization in accordance with Code Section
48-5-311
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-20 - Short title

This article shall be known and may be cited as the "Georgia Historic Preservation Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-21 - Legislative purpose; intent

The General Assembly finds that the historical, cultural, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people. Therefore, in order to stimulate the revitalization of central business districts in this state's municipalities, to protect and enhance this state's historical and esthetic attractions to tourists and visitors and thereby promote and stimulate business in this state's cities and counties, to encourage the acquisition by cities and counties of conservation easements pursuant to Code Sections
44-10-1
through
44-10-8
, and to enhance the opportunities for federal tax relief of this state's property owners under the relevant provisions of the Tax Reform Act of 1976 allowing tax deductions for rehabilitation of certified historic structures, the General Assembly establishes a uniform procedure for use by each county and municipality in the state in enacting ordinances providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural, or esthetic interest or value.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-23 - Exemptions

Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended in whole or in part such ordinances, shall not be required to comply with this article and are authorized to create and regulate historic districts, zones, or sites pursuant to their existing local historic preservation ordinances.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-24 - Establishment or designation of historic preservation commission; number, eligibility, and terms of members

(a)
The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such commission shall have demonstrated special interest, experience, or education in history or architecture; all the members shall reside within the historic preservation jurisdiction of their respective municipality or county except as otherwise provided by subsection (b) of this Code section; and all shall serve without compensation. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.
(b)
The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint historic preservation commission. If a joint commission is established, the local governing bodies of the county and the municipality or municipalities involved shall determine the residence requirements for members of the joint commission.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-25 - Powers and duties of historic preservation commission

Any municipal, county, or joint historic preservation commission appointed or designated pursuant to Code Section
44-10-24
shall be authorized to:
(1)
Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;
(2)
Recommend to the municipal or county local governing body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;
(3)
Review applications for certificates of appropriateness and grant or deny the same in accordance with Code Section
44-10-28
;
(4)
Recommend to the municipal or county local governing body that the designation of any place, district, site, building, structure, or work of art as a historic property or as a historic district be revoked or removed;
(5)
Restore or preserve any historic properties acquired by the municipality or county;
(6)
Promote the acquisition by the city or county governing authority of conservation easements in accordance with Code Sections
44-10-1
through
44-10-8
;
(7)
Conduct an educational program on historic properties located within its historic preservation jurisdiction;
(8)
Make such investigations and studies of matters relating to historic preservation as the local governing body or the commission itself may from time to time deem necessary or appropriate for the purposes of this article;
(9)
Seek out state and federal funds for historic preservation and make recommendations to the local governing body concerning the most appropriate use of any funds acquired;
(10)
Consult with historic preservation experts in the Department of Community Affairs or its successor and the Georgia Trust for Historic Preservation, Inc.; and
(11)
Submit to the Department of Community Affairs or its successor a list of historic properties or historic districts designated as such pursuant to Code Section
44-10-26
.
Amended by 2020 Ga. Laws 381,§ 11, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-27 - Requirement for certificate of appropriateness; local or state actions

(a)
After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site, or work of art within the historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.
(b)
The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-29 - Certain changes or uses not prohibited

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other laws, ordinances, or regulations.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-30 - Court action or proceedings to prevent improper changes or illegal acts or conduct

The municipal or county governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of an ordinance adopted in conformity with this article, or to prevent any illegal act or conduct with respect to such historic property or historic district.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 2 - ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION (§§ 44-10-20 — 44-10-31) › Section 44-10-31 - Violations of this article; penalties

Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-40 - Short title

This chapter shall be known and may be cited as the "Georgia Farmland Conservation Act."
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-41 - Legislative findings

The General Assembly finds and declares that:
(1)
Ensuring permanent conservation of farmland is of vital importance to the state and the citizens of Georgia and essential in protecting Georgia's agricultural economy, the ecological benefits provided by agricultural lands and activities, the community character enhanced by agricultural landscapes, and food production in the state;
(2)
Creating the Georgia Farmland Conservation Fund Program will enable owners of farmland to voluntarily protect their farmland, facilitate the transition of farms under development pressure to next-generation farmers, increase the supply of locally grown food in this state, and facilitate utilization of federal and local funds to benefit Georgia's farmland; and
(3)
Utilizing nonprofit organizations, in addition to government entities, to hold agricultural conservation easements will provide substantial benefit to the state by allowing the state to maximize the availability of matching funds from federal programs designed to protect farmland and food production in the state and reduce the costs and burdens to the state associated with enforcing the terms of agricultural conservation easements.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-42 - Definitions

As used in this article, the term:
(1)
"Agricultural conservation easement" means a conservation easement that, in accordance with the provisions of Article 1 of Chapter 10 of Title 44, the "Georgia Uniform Conservation Easement Act," imposes limitations or affirmative obligations, the purpose of which include assuring the availability of real property for agricultural uses or the retention or protection of natural, scenic, or open-space values of real property.
(2)
"Commissioner" means the Commissioner of Agriculture.
(3)
"Conservation easement" shall have the same meaning as set forth in Code Section
44-10-2
.
(4)
"Costs of acquisition" means all direct costs of activities, including, but not limited to, appraisals that are required by applicable state laws and local ordinances or policies in order to convey an agricultural conservation easement in qualified farmland to a qualified holder; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43.
(5)
"Council" means Georgia Farmland Advisory Council.
(6)
"Department" means the Department of Agriculture.
(7)
"Fund" means the Georgia Farmland Conservation Fund.
(8)
"Program" means the Georgia Farmland Conservation Fund Program.
(9)
"Project proposal" means any application seeking moneys from the Georgia Farmland Conservation Fund.
(10)
"Qualified easement holder" means a state agency, federal agency, county, municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire, whether through purchase, donation or transfer, an agricultural conservation easement.
(11)
"Qualified farmland" means agricultural land in undeveloped areas or that has been developed only to the extent consistent with agricultural production, including row crops, livestock, nurseries, orchards, or pastures.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.