GA HB295

Real property owners may file written claims against local governments for compensation due to documented expenses or reduced fair market value caused by the government maintaining a public nuisance or adopting a "policy, pattern, or practice" of failing to enforce laws against illegal public camping, loitering, panhandling, shoplifting, public intoxication, controlled substance violations, or immigration sanctuary policies.

Local governments must respond to claims within 30 days; if accepted, payment is due within 30 days. If rejected or ignored, property owners may sue in superior court, where the local government bears the burden of proving its actions were lawful.

Compensation is capped at the amount of ad valorem property taxes the owner paid to that local government in the prior tax year, and prevailing owners are awarded attorney fees and costs.

Sovereign immunity is waived for local governments to allow these claims, and statutes of limitations are suspended while claims are pending.

Exceptions apply for case-by-case prosecutorial discretion decisions (if published monthly), executive clemency, federally or state-mandated acts, and actions by district attorneys or solicitors-general not under local government control.