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Fact check: Must Georgia cities wait 20 years to sell condemned property?
December 13, 2016
By Fact Check by Ballotpedia staff
Savannah, Georgia Mayor Eddie DeLoach and the Georgia Municipal Association (GMA) want the state legislature to make it easier for cities to take control of houses and other privately owned buildings for redevelopment. The city and the group are seeking to loosen restrictions on the use of eminent domain, which, according to GMA spokeswoman Amy Henderson, is a more effective means of combating blight than condemning properties. She has claimed that a city “could condemn [a blighted property], but then have to hang onto it for 20 years.”[1]
Is Henderson correct about the condemnation requirement?
Yes. Title 22 of the Official Code of Georgia states, “All condemnations shall not be converted to any use other than a public use for 20 years from the initial condemnation …’Public use' means: The possession, occupation, or use of the land by the general public or by state or local governmental entities...or The remedy of blight ... The public benefit of economic development shall not constitute a public use.”[2]
Background
Georgia cities—including Savannah—have engaged in neighborhood redevelopment by condemning property and through eminent domain, the government’s right to take private property for public use.[3]However, the state restricted eminent domain powers in 2006, with passage of the Landowner’s Bill of Rights and Private Property Protection Act.[1]
The legislation followed a 2005 U.S. Supreme Court ruling, in the case of Kelo v. City of New London, that the Connecticut city’s use of eminent domain to transfer land from one private owner to another for economic development could be considered public use. The decision was regarded by many as a weakening of private property rights, and 42 states, including Georgia, passed legislation in response to restrict use of eminent domain.
New initiative
Mayor DeLoach said the city needs the power of eminent domain to combat blight.[4] He asked the city council to seek state legislation after his staff proposed the city’s 2017 housing and community development plan on October 27.[1]
Henderson has said that the city and the GMA are seeking legislative measures "to fix this without getting into a Kelo-type situation (where property is condemned and used for private redevelopment) and also provides rightful owners plenty of due process. We don’t have that solution yet, but we are hopeful that when the session begins in January, we’ll have a solution that satisfies those requirements.”[5]
The 2017 Georgia General Assembly session starts January 9.[6]
Some Savannah residents are urging caution. A Savannah Morning News editorial warns that "The ability of a government to force a private property owner to sell that property must only be used in situations where there is a clear and compelling public interest. That’s because this power is subject to potential abuse…"[7]
Conclusion
City leaders in Savannah, Georgia are seeking legislation to give cities greater power to obtain private properties that it considers blighted. The Georgia Municipal Association correctly claimed that current law requires local governments to wait 20 years before selling condemned properties to private entities.
See also
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
Sources and Notes
- ↑ 1.0 1.1 1.2 Savannah Morning News, "Savannah mayor voices support for revisiting eminent domain laws," November 13, 2016
- ↑ LexisNexis, "Georgia Code, Title 22," accessed December 13, 2016
- ↑ Ballotpedia, "Eminent Domain," accessed December 13, 2016
- ↑ WTOC, "Savannah leaders looking at eminent domain to address chronically blighted property," November 16, 2016
- ↑ Kent Klein, "Email interview with Amy Henderson," December 2, 2016
- ↑ Georgia General Assembly, "Notes From The House," accessed December 13, 2016
- ↑ Savannah Morning News, "Editorial: City should slow down on eminent domain," November 14, 2016
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