In Georgia, cities are arguing before the Georgia Supreme Court that the 2006 Land Owner Bill of Rights is not mandatory and there is no enforcement mechanism.
Landowners in Marietta say that the Land Owners Bill of Rights is mandatory.
Background of the eminent domain dispute:
- City offers $85,000 to build a park.
- Court awards $225,000 for the only black grocery store in a historically black district.
- Court said the city violated the Land Owner Bill of Rights by not acting transparently when it kept appraisals from the land owner.
- The City attorneys argue that since the Land Owner Bill of rights has no enforcement mechanism, a line of case law says the law isn’t mandatory but rather discretionary.
Atlanta Journal Constitution | Landowner’s Bill of Rights tested at Georgia Supreme Court