WeVote
Log In

Bill

Bill

HB 318

Appeal and error; appeal of superior court decisions on zoning decisions of counties and municipal corporations; provide

2025-2026 Regular Session Introduced by Sandy Donatucci and 5 co-sponsors

House Bill 318 streamlines zoning appeals in Georgia by allowing direct appeals to higher courts, removing powers from local officers, and clarifying zoning definitions.

House Withdrawn, Recommitted
#appealanderror #civilpractice #crimesandoffenses(criminalcode) #criminalprocedure #localgovernment #property
0
WeVote Research Nonpartisan
Bill Summary · HB 318

Summary of House Bill 318

Bill Number: HB 318
Title: Appeal and error; appeal of superior court decisions on zoning decisions of counties and municipal corporations; provide
Status: House Withdrawn, Recommitted
Introduced: February 06, 2025
Classification: Bill

Purpose and Intent

House Bill 318 aims to amend existing laws regarding the appeal process for zoning decisions made by counties and municipal corporations in Georgia. The bill seeks to clarify the appellate process for superior court decisions related to zoning, enhance the efficiency of zoning procedures, and eliminate certain administrative powers previously held by local officers and quasi-judicial boards.

Key Provisions

  1. Appeal Process for Zoning Decisions:

    • The bill introduces provisions allowing appeals from superior court decisions regarding zoning matters to be directly reviewed by the Supreme Court and the Court of Appeals.
    • It defines "zoning decisions" and establishes them as directly appealable judgments.

  2. Repeal of Administrative Powers:

    • The bill repeals existing provisions that authorize administrative officers to exercise zoning powers.
    • It also eliminates the authority of quasi-judicial boards and agencies to hear and render decisions on applications for special administrative permits and conditional permits.

  3. Revisions to Definitions:

    • The bill revises definitions related to zoning procedures, including clarifying the roles of quasi-judicial officers, boards, and agencies.

  4. Procedural Changes:

    • The bill amends the appellate practice code to include specific provisions for appeals related to zoning decisions, ensuring that these cases are treated distinctly within the legal framework.

  5. Effective Date and Applicability:

    • The bill includes provisions for its effective date and applicability, as well as a clause to repeal conflicting laws.

Impact

  • Local Governments and Zoning Authorities: The bill will significantly impact how local governments manage zoning decisions, as it removes certain powers from administrative officers and quasi-judicial boards.
  • Property Owners and Developers: Individuals and entities involved in property development or zoning disputes may find the appeal process more accessible, as they can appeal directly to higher courts.
  • Legal Practitioners: Attorneys specializing in zoning and land use will need to adapt to the new appeal processes and understand the revised definitions and procedures outlined in the bill.

Legislative Timeline

  • February 06, 2025: Bill introduced and entered the House Hopper.
  • February 10, 2025: First reading in the House.
  • February 11, 2025: Second reading in the House.
  • February 20, 2025: Favorably reported by the House Committee.
  • April 04, 2025: House withdrawn and recommitted.

This summary provides an overview of House Bill 318, highlighting its purpose, key provisions, and potential impacts on zoning practices in Georgia.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.