Statement of Purpose

Background
A number of proposals have been debated in Georgia in recent years that would expand the definition of “inverse condemnation” to include “regulatory takings.” In short, these measures would require state and local governments to compensate property owners when land development regulations prevent them from maximizing profits by using their property in any way they see fit, regardless of the impact on neighboring property rights, property values, or the environment. If the government could not afford to compensate property owners, then it would be forced to grant a variance from the regulations and allow the owners to develop or use the property as they like.

If such proposals succeed, regulations such as zoning, tree ordinances, stream buffer ordinances, historic preservation ordinances, and other land development regulations will become ineffective. This will result in either one of two scenarios. First, if the government compensates the property owner for the estimated lost profits due to these regulations, taxes will increase and local government services, such as police, fire protection, and parks, will be reduced as available resources are used to pay claimants. If the government instead grants a variance to the regulations, which has been the outcome in most states where this choice arises, communities will see adjacent and incompatible land uses, an overall erosion of property values, and harm to the environment. Both scenarios will open the floodgates of litigation and associated costs will skyrocket at taxpayers’ expense.

Vision
To protect our state from this self-serving “pay-or-waive” scheme, numerous organizations have come together to form Georgians for Community Protection. We believe state and local governments ought to retain their existing authority to sensibly regulate land use and the development of land in order to protect communities, property values, and the environment against those who would sacrifice these principles for their private gain.

Mission
Georgians for Community Protection works to educate citizens, organizations, and policymakers on the importance of land development regulations in protecting our communities. We oppose any expansion of inverse condemnation to include regulatory takings as well as other measures that would effectively eliminate these regulatory safeguards. We believe communities should retain the right to:

• Create and implement their vision for the future,
• Protect the property rights and values of all their citizens, and
• Preserve their natural, historic, and cultural resources.