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HomeMy WebLinkAboutADOPTION OF THE 2012 LAND BANK ACT s �-It A AUGUSTA , GEORGIA LAND BANK AUTHORITY 1 9 9 7 A Good Start Is Half Of Success 2 0 0 7 Board of Directors Tedrrell Johnson,Deputy Tax Commissioner's Office, Paul DeCamp,Planning Director,Planning Commission Norman Michael,AGLBA Executive Director Tameka Allen,Interim City Administrator Robert Sherman, License&Inspection,AGLBA Chairman 925 Laney-Walker Boulevard Augusta,Gunk 30901 Tel:706-821-1884 Fax:706-821-1784 Email: nmichael®aueustaga.gov MEMO DATE: January 13,2015 TO: The Honorable Marion Williams,Chairman Members of the Administrative Services Committee FROM: Norman Michael,Director,Land Bank Authority SUBJECT: 2012 Georgia Land Bank Act. Below is the content of the agenda item originally submitted to your Committee, on May 12, 2014, approved for discussion at the May 22,2014 Commission meeting and has now been placed back on your agenda for discussion and approval. • I have also attached the 2012 Land Bank Act along with a summary for your review. CAPTION: Adopt the 2012 Land Bank Act BACKGROUND: Land Bank Authorities (LBA) in Georgia were authorized by the General Assembly in 1991 (48-4-60). Since that time, 13 authorities across the state have been created and managed by local government officials. LBA's acquire, secure and dispose of blighted and derelict properties for the purpose of redevelopment, restoration and reinvestment. Most of the properties are residential, vacant and/or abandoned. LBA's are able to extinguish outstanding property taxes, interest and penalties and then work with local developers to convert these properties into productive use. Land Banks serve as a redevelopment tool for turning around blighted areas to productive and livable conditions. These redevelopment projects create jobs, enhance property values, stabilize neighborhoods and reduce crime. LBA's acquire through tax sales, market purchases or donations. Most of the property fair market value than the taxes,penalties and interest outstandingperhes acquired have a lower Page 2 2012 Land Bank Act October 20,2014 In 2010, an initiative was undertaken to advance a new land banking law to provide for improved operational, financial and programmatic outcomes. As a result the new Georgia Land Bank Act was passed and become law in July 2012. ANALYSIS: The primary changes in new legislation Establishes a self-financing mechanism for LBA's so they will be less reliant on funding from local governments. This gives local governments the option to allow LBA's to receive up to 75% of City and County property taxes on redevelopment projects in which the LBA has conveyed property to a developer, for five years. On most properties,the local government was previously not receiving any property tax payments prior to the redevelopment. Allows counties to work together to establish regional land banks. This will be particularly helpful in rural communities in which single counties and cities do not have the staff or resources available to establish a land bank. This will allow local governments to collaborate in addressing the challenges of vacant, dilapidated and tax delinquent properties across their regions. Requires that the number of board members be an odd number between 5-11 and provides that LBA's may establish the priorities for the use of properties conveyed by the land bank. SUMMARY FINANCIAL: No funding required ALTERNATIVES: Do not approve RECOMMENDATION: Approve FUNDS: None required 12 SB284/AP Senate Bill 284 By: Senator Golden of the 8th AS PASSED A BILL TO BE ENTITLED AN ACT 1 To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated,relating to tax 2 sales,so as to provide for provisions governing the creation and operation of land banks on 3 and after July 1,2012;to provide a short title and a statement of construction,intent,and 4 scope;to provide for legislative findings;to define certain terms;to provide for the creation, 5 existence,and board membership of land banks;to provide for land bank powers,including 6 those powers related to the acquisition and disposition of tax delinquent and other properties; 7 to provide for financing of land banks;to provide for public meetings of land banks,for the 8 adoption of rules and regulations to address potential conflicts of interest, and for the 9 dissolution of land banks;to provide an effective date;to repeal conflicting laws;and for 10 other purposes. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 12 SECTION 1. 13 Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is 14 amended in Code Section 48-4-61,relating to land bank authority established by interlocal 15 cooperation agreement,powers,purpose,and dissolution,by adding a new subsection to read 16 as follows: 17 "(fl No land bank authority shall be created pursuant to this article on or after July 1.2012. 18 Except as otherwise provided in subsection(I of Code Section 48-4-104.any land bank 19 created pursuant to this article prior to July 1.2012.shall continue to be governed by this 20 article." 21 SECTION 2. 22 Said chapter is further amended by adding a new article to read as follows: S.B.284 - 1 - 12 S284/AP 23 "ARTICLE 6 24 48-4-100. 25 (a) This article shall be known and may be cited as the'Georgia Land Bank Act.' 26 (b) Anv land bank created prior to July 1.2012.pursuant to Article 4 of this chapter shall 27 not be affected by this article but shall be entitled to continue in existence and exercise all 28 .ow-rs .rant-. in s_ch .1 icl- 1- bo•. a of • existing land bank may vote. in the 29 manner provided in subsection(j)of Code Section 48-4-104.to continue in existence under 30 the provisions of this article, thus exercising the additional authorities and powers 31 contained herein. 32 48-4-101. 33 The General Assembly finds and declares that: 34 (1) Georgia's communities are important to the social and economic vitality of this state. 35 Whether urban. suburban, or rural. mgnny communities are struggling to cope with 36 dilapidated,abandoned and tax d linquent properties• 37 (2) Citizens of Georgia are affected adversseiy 12y dilapidated. abandoned, and tax 38 delinquent properties. including properties that have been abandoned due to mortgage 39 foreclosure; 40 (3) Dilapidated,abandoned,and tax delinquent properties impose significant costs on 41 neighborhoods and communities ,y lowering property values,increasing fire and police 42 protection costs.decreasing tax revenues,and undermining community cohesion; 43 (4) There is an overriding public need to confront the problems caused by dilapidated, 44 awl andoned, and tax delinquent properties, and to return properties which are in 45 nonrevenue-generating,nontax-producing status to an effective utilization status in order 46 to provide affordable housing.new industry,and jobs for the citizens ofthis state through 47 the creation of new tools that enable communities to turn abandoned spaces into vibrant 48 places:and 49 (5) Land banks are one of the tools that can be utilized by communities to facilitate the 50 return of dilapidated,abandoned,and tax delinquent properties to productive use. 51 48-4-102. 52 As used in this article.the term: 53 (1) 'Board of directors'or'board'means the board of directors of a land bank. 54 (2) 'Consolidated government'means a unified government created pursuant to Article 55 IX.Section III.Paragraph II of the Constitution of Georgia. S.B.284 -2- 12 SB284/AP 56 (3J 'Intergovernmental contract means a contract as authorized pursuant to Article IX, 57 Section III,Paragraph I of the Constitution of Georgia and paragraph(5)of Code Section 58 36-34-2, and entered into by counties, consolidated governments, and municipal 59 corporations pursuant to this article. 60 (4) 'Land bank'means a public bocyv corporate and politic established in accordance with 61 the provisions of this article. 62 15) 'Land bank member' means the local governments that are parties to the 63 intergovernmental contract or resolution creating a land bank and the local governments 64 that join a land bank subsequent to its creation pursuant to the provisions of this article. 65 (6) 'Real property'means all lands and the buildings thereon, all things permanently 66 attached to land or to the buildings thereon,and any interest existing in,issuing out of, 67 or dependent upon land or the buildings thereon. 68 (7) 'School district'means any school district.independent school system,or other local 69 school system in this state. 70 48-4-103. 71 (a) Any coup munici al corporation or consolidated government may elect to create a 72 land bank in accordance with subsection(b)of this Code section by the adoption of a local 73 law, ordinance, or resolution as appropriate to the applicable counties. consolidated 74 governments,or municipal corporations,which action specifies the following: 75 (1) The name of the land bank; 76 121 The number of members of the board of directors, which shall consist of an odd 77 number of board members and be not less than five board members or more than 11 78 board members; 79 13) The initial individuals to serve as board members and the length of terms for which 80 they will serve:and 81 (4) The qualifications,manner of selection or appointment,and terms of office of board 82 members. 83 (b) A land bank may be created pursuant to an intergovernmental contract by any of the 84 following and any combination of the following methods: 85 (1) A county and one or more municipal corporations located wholly or partially within 86 the county; 87 (2) Two or more counties and one or more municipal corporations located wholly or 88 partially within the geographical boundaries of each county; 89 (3) A consolidated government and one or more municipal corporations located wholly 90 or partially within the sa e c unto as the consolidated government•or S.B.284 -3- 12 SB284/AP 91 14) Any consolidated government without a municipal corporation located wholly or 92 partially within the same county as the consolidatedgovernment may create a land bank 93 as follows: 94 (A) Through ordinance or resolution of the governing authority of the consolidated 95 government; 96 (B) Through an intergovernmental contract with another consolidated government 97 without a municipal corporation located wholly or partially within the same county as 98 the consolidated government;or 99 f J Through an intergovernmental contract with other counties, municipal 100 corporations.or consolidated governments creating_land banks pursuant to paragraph 101 (1).(2).or(3)of this subsection. 102 (c)Any intergovernmental contract creating a land bank shall specify the matters identified 103 in subsection(a)of this Code section. 104 (d) Subject to the limitations of subsection (b) of this Code section. any county or 105 municipal corporation or consolidated government may elect to join any preexisting land 106 bank by executing the intergovernmental contract or resolution that created the land bank 107 and such other documentation as may be necessary. 108 (e) A land bank shall have the power to acquire real property only in those portions of the 109 county located outside of the geographical boundaries of a nonparticipating municipal 110 corporation located within the county:provided,however,that a land bank may acquire 111 real property lying within such nonparticipating municipal corporation with the consent of 112 such municipal corporation. 113 (fl A school district may participate in a land bank pursuant to an intergovernmental 114 contract provided such contract specifies any members of the board of education serving 115 on the board of the land bank and ar,y actions of the land bank which are subject to 116 approval by the board of education. 117 fel A land bank shall be a public body corporate and politic and shall have permanent and 118 perpetual duration until terminated and dissolved in accordance with the provisions of 119 subsection(c)of Code Section 48-4-111. 120 48-4-104. 121 (a) The initial size of a board shall be determined in accordance with paragraph(2)of 122 subsection(a)of Code Section 48-4-103. Unless restricted by the actions or agreements 123 specified in Code Section 48-4-103,and subiect to the limits stated in this Code section, 124 the size of the board may be adjusted in accordance with the bylaws of the land bank. 125 lb) In the event the board of a land_bank_created by a county and a municipal corporation 126 or by a consolidated government before July 1.2012,votes to continue in existence under S.B.284 -4- 12 SB284/AP 127 the provisions of this article.the land bankinembers shall jointly nominate and approve at 128 least one additional board member so that there is an odd number of board members. In 129 the event theb landannk members of such a preexisting land bank are un le to an rove 130 such additional board members, such preexisting land bank shall not exist under the 131 Provisions of this article unless and until a new intergovernmental contract is approved in 132 accordance with this article. 133 (c) Notwithstanding any law to the contrary, an elected member of the municipal 134 governing authority shall be eligible to serve as a board member,and the acceptance of the 135 appointment shall neither terminate nor impair that public office. Any municipal employee 136 shall be elig_iblp to serve as a board member. Notwithstanding any law to the contrary,an 137 elected member of the county governing authority shall be eligible to serve as a board 138 member, and the acceptance of the ap•ointment shall neither terminate nor impair that 139 public office. Any county employee shall be eligible to serve as a board member. 140 Notwithstanding any law to the contrary.an elected member of a consolidated government 141 governing_authority shall be eligible to serve as a board member,and the acceptance of the 142 appointment shall neither terminate nor impair that public office. Any consolidated 143 government employee shall be eligible to serve as a board member. A tax commissioner 144 or tax collector, or both. may serve ex officio as a member of the land bank board if so 145 authorized by the intergovernmental contract, local law, ordinance, or resolution that 146 creates the land bank or by subsequent intergovernmental contracts with the land bank 147 members. 148 (d) The members of the board shall select annually from among themselves a chairperson, 149 vice chairperson,secretaryreasurer,and such other officers as the board may determine 150 and shall establish their duties as may be regulated by the intergovernmental contract or by 151 rules adopted by the board. When in actual conflict the intergovernmental contract shall 152 control over the bylaws or rules adopted by the board. 153 je_(1) The board shall establish rules and regulations relative to the attendance and 154 participation of board members in its regular and special meetings. The rules and 155 regulations may prescribe a procedure whereby a board member who fails to comply with 156 the rules and regulations of the board may be removed from office by no less than a 157 majority vote of the remaining members of the board,and that board member's position 158 shall be vacant as of the first day of the next calendar month. 159 (2) A land bank member may remove any board member appointed by that land bank 160 member. 161 (3) Any board member removed under the provisions of this subsection shall be 162 ineligible for reappointment_to the board,unless the reappointment is confirmed by at 163 least a two-thirds'vote of the governing authority of the appointing land bank member. S.B.284 -5- 12 SB284/AP 164 (f) A vacancy on the board shall be filled in the same manner as the original appointment. 165 (g) Board members shall serve without compensation. The board may reimburse a board 166 member for expenses actually incurred in the performance of duties on behalf of the land 167 bank. 168 (h) The board shall meet in regular session according to a schedule adopted by the board 169 and also shall meet in special session as convened by the chairperson or upon written notice 170 signed by a majority of the board members. 171 fi) A quorum of board membership shall be a simple majority of the entire board 172 membership,and no action of the board shall be taken in the absence of a quorum. All 173 actions of the board must be approved by the affirmative vote of a majority of the members 174 of the board present and voting:provided,however,that no action of the board shall be 175 authorized on the following matters unless approved by a majority of the entire board 176 membership: 177 (1) Adoption of bylaws and other rules and regulations for conduct of the land bank's 178 business; 179 (2) Hiring or firing of any employee or contractor of the land bank. Such function may 180 ,yi najority vote be delegated by the board to a specified officer or committee of the land 181 bank under such terms and conditions and to the extent that the board may specify; 182 13) Incurring of debt; 183 (4) Adoption or amendment of the annual budget:and 184 f5) Sale,lease,encumbrance,or alienation of real property,improvements,or personal 185 property with a value of more than$50,000. 186 (j) A land bank created pursuant to Article 4 of this chapter may continue in existence in 187 accordance with provisions of this article upon the unanimous consent of the board 188 members,and contingent upon the appointment of at least one additional board member 189 pursuant to subsection(b)of this Code section. 190 (k) A board member shall not be liable personally on obligations of the land bank.and the 191 rights of creditors of a land bank shall be solely against the land bank. 192 (I) A board member shall be prohibited from voting by proxy. A board member may 193 request a recorded vote on any resolution or action of the land bank. 194 48-4-105. 195 A land bank may employ an executive director,its own counsel and legal staff,and such 196 technical experts,other agents,and employees,permanent or temporary.as it m.y require 197 and may determine the qualifications and fix the compensation and benefits of those 198 persons. A land ba_k may also ente into contrac and agreements with mu id al 199 corporations or counties or consolidated governments for staffing services to be provided S.B.284 -6- 12 SB284/AP 200 to the land bank by Agencies or departments thereof or for a land bank to provide such 201 staffing services to agencies or departments thereof. 202 48-4-106. 203 (a) A land bank shall constitute a public body.corporate and politic,and shall have all 204 powers necessary or appropriate to carry out and effectuate the purposes and provisions of 205 this article,including the following powers: 206 (1) To adopt,amend,and repeal bylaws for the regulation of its affairs and the conduct 207 of its business; 208 (2) To sue and be sued in its own name and plead and be impleaded in all civil actions, 209 including,but not limited to.actions to clear title to property of the Ian bank; 210 (3) To adopt a seal and to alter the same at pleasure: 211 (4) To acquire by purchase,lease_or otherwise and to hold,lease,and dispose of real or 212 personal property of every kind and character,or any interest therein,in furtherance of 213 the public purposes of the land bank; 214 (5) To acquire.accept.or retain equitable interests,security interests,or other interests 215 in any real property,personal proneity,or fixtures by loan agreement,note,mortgage 216 deed to secure debt, trust deed, security agreement, assignment, pledge. conveyance, 217 contract, lien, loan agreement, or other consensual transfer in order to secure credit 218 extended by the land bank; 219 (6) To borrow from private lenders, from municipal corporations, counties, or 220 consolidated governments,from the state,or from federal government funds.as may be 221 necessary.for the operation and work of the land bank; 222 17) To borrow money to further or carry out its public purpose and to execute notes, 223 other obligations.leases,trust indentures,trust agreements.agreements for the sale of its 224 notes or other obligations,loan agreements.mortgages,deeds to secure debt,trust deeds, 225 security agreements.assignments.and such other agreements or instruments as may be 226 necessary or desirable, in the judgrnent of the land bank. to evidence and to provide 227 security for such borrowing; 228 (8) To issue notes or other obligations of the land bank and use the proceeds thereof for 229 the purpose of paying all or any part of the cost of any land bank projects and otherwise 230 to further or carry out the public purpose of the land bank and to pay all costs of the land 231 bank incidental to. or necessary and appropriate to. furthering or carrying out such 232 purpose; 233 (9) To make application directly or indirectly to any federal,state,county,or municipal 234 government or agency or to any other source,whether public or private,for loans,grants, 235 guarantees.or other financial assistance in furtherance of the land bank's public purpose S.B.284 -7- 12 SB284/AP 236 and to accept and use the same upon such terms and conditions as are prescribed by such 237 federal,state.county,or municipal government or agency or other source; 238 (10) To enter into agreements with the federal government or any agency thereof to use 239 the facilities or services of the federal government or any agency thereof in order to 240 further or carry out the public purposes of the land bank; 241 (11) A land bank shall have no authority to lend money to a nongovernmental entity; 242 =WO. however, that a land bank may administer funds in the form of a loan to a 243 nongovernmental entity when such funds are received from federal, state, and local 244 government entities for the purpose of making such loans:provided,further,that only 245 such transactions which are fully consistent with the purpose of the land bank shall be 246 permitted. In those transactions, a land bank may extend credit to any person, 247 or oration.partnership,whether limited or general,or other entity for the costs of any 248 land bank projects which credit may be evidenced or secured by loan agreements.notes, 249 mortgages,deeds to secure debt,_trust deeds,security agreements,assignments,or such 250 other instruments, or by rentals. revenues, fees, or charges, upon such terms and 251 conditions as the land bank shall determine to be reasonable in connection with such 252 extension of credit.including provision for the establishment and maintenance of reserve 253 funds,and,in the exercise of powers granted by this article in connection with any land 254 bank projects the land bank shall have the right and power to require the inclusion in any 255 such loan agreement,note,mortgage,deed to secure debt,trust deed,security agreement, 256 assignment,or other instrument of such provisions or requirements for guaranty of any 257 obligations, insurance, construction, use, operation, maintenance, and financing of a 258 project. and such other terms and conditions,as the land bank may deem necessary or 259 desirable; 260 (12) As security for repayment of any notes or other obligations of the land bank,to 261 pledge.mortgage.co tmvev,assign.hypothecate,or otherwise encumber any property of 262 the lbank and ,jneluding but not limited t� real property fxtres personal prope nd 263 revenues or other funds, and to execute any lease, trust indenture, trust agreement, 264 agreement for the sale of the land bank's notes or other obligations, loan agreement, 265 mortgage, deed to secure debt, trust deed, security agreement, assignment, or other 266 agreement or instrument as may be necessary or desirable,in the judgment of the land 267 bank,to secure any such notes or other obligations,which instruments or agreements may 268 provide for foreclosure or forced sale of any property ofthe land bank upon default in any 269 obligation of the land bank,either in payment of principal.premium.if any.or interest 270 or in the performance of any term or condition contained in any such agreement or 271 instrument. The state. on behalf of itself and each county. municipal corporation, 272 political subdivision, or taxing district therein, waives any right it or such county, S.B.284 -8- 12 SB284/AP 273 sion municipal cornoration political subdivior taxing district may have to prevent the 274 forced sale or foreclosure of any property of the land bank upon such default and agrees 275 that any agreement or instrument encumbering such property may be foreclosed in 276 Accordance with law and the terms thereof; 277 (13) To receive and administer gifts.grants.and devises of money andproperty of any 278 kind and to administer trusts; 279 (14) To use any real property.personal property,or fixtures or any interest therein or to 280 rent or lease such property to or from others or make contracts with respect to the use 281 thereof,or to sell, lease,exchange,transfer,assign.pledge, or otherwise dispose of or 282 grant options for any such property in any manner as it deems to be in the best interests 283 of the land bank and the public purpose thereof; 284 (15) Toprocure insurance or guarantees from the General Ambly or federal sse 285 government of the payments of any debts or parts thereof incurred by the land bank and 286 to pay premiums in connection therewith; 287 (16) To enter into contracts and other instruments necessary.incidental,or convenient 288 to the performance of its duties and the exercise of its powers.including,but not limited 289 to. intereovernmental contracts for the joint exercise of powers under this article. 290 Intergovernmental contracts with municipal corporations, counties, or consolidated 291 governments may include contracts for the performance of services by municipal 292 corporations,counties,or consolidated governments on behalf of the land bank or by the 293 land bank on behalf of municipal corporations.counties,or consolidated governments, 294 whether or not such counties,consolidated governments,or municipal corporations are 295 located inside or outside the geographical boundaries of the land bank members; 296 (17) To procure insurance a ag_in�t losses in connection with the real property.assets.or 297 activities of the land bank; 298 (18) To accept and issue deeds in its name including without limitation the acceptance 299 of real property in accordance with the provisions of paragraph(2.1)of subsection(u)of 300 Code Section 16-13-49; 301 (19) To finance by loan,grant,lease,or otherwise,refinance,construct,erect.assemble, 302 purchase.acquire,own,repair.remodel,rehabilitate.modify.maintain,extend.improve, 303 i stall sellequip expand add to operate or mana real pro a or rights or interests 304 in property, and to pay the costs of ny such project from the proceeds of loans by 305 persons,corporations.partnerships.whether limited or general,or other entities,all of 306 which the land bank is authorized to receive.accept.and use; 307 (20) To fix,charge,and collect rents,fees,and charges for the use of real property of the 308 land bank and for services provided by the land bank; S.B.284 -9- 12 SB284/AP 309 (21) To grant or acquire a license,easement. lease,as lessor or lessee,or option with 310 respect to real property of the land bank; 311 (22) To enter into partnerships,joint ventures,and other collaborative relationships with 312 municipalities and other public and private entities for the ownership. management, 313 development,and disposition of real property, 314 . ho . tit - to -.1 .r..e for .0 ..s- of- ab]' in. on wit n. .rofit 315 community land trusts,including,but not limited to.long-term lease contra ts, 316 (24) To organize and reorganize the executive. administrative, clerical, and other 317 departments of the land bank and to fix the duties.powers. and compensation of all 318 employees,agents,and consultants of the land bank:and 319 (25) To do all other things necessary or convenient to achieve the objectives and 320ugpr oses of the land bank or other laws that relate to the purposes and responsibilities of 321 the land bank. 322 (b) The exercise of a specific Hower by a land bank may be limited or withdrawn by a land 323 bank member when the land bank is acting with respect to real property within the 324 jurisdiction of such member. Procedures for the exercise of such limitation or withcirawal 325 of power shall be provided in the intergovernmental contract. 326 48-4-107. 327 A land bank shall neither possess nor exercise the power of eminent domain. 328 48-4-108. 329 (a) The real property of a land bank and its income and operations are exempt from all 330 taxation by the state and by any of its political subdivisions,including,but not limited to, 331 real property held by a land bank as lessor pursuant to long-term lease contracts with 332 community land trusts. 333 (b) A land bank may acquire real property or interests in real property by gift. devise, 334 transfer,exchange,foreclosure,purchase,or otherwise on terms and conditions and in a 335 manner the board considers is in the best interest of the land bank. 336 (c)(1) A land bank may acquire real property by purchase contracts, lease-purchase 337 ggreements, and may accept transfers from municipal corporations, counties, or 338 consolidated governments upon such terms and conditions as agreed to by the land bank 339 and the municipal corporation,county.or consolidated government. 340 (2) Notwithstanding any other law to the contrary,a municipal corporation.county.or 341 consolidated government may transfer to a land bank real property and interests in real 342 property of the municipal corporation,county.or consolidated government on such terms 343 and conditions and according to such procedures as determined by the municipal S.B.284 - 10- 12 SB284/AP 344 corporation,county,or consolidated government,so long as the real property is located 345 within the geographical boundaries of the land bank. 346 (3 T e cquisitior ofprQpertv Py the land bank shall not be governed or controlled by 347 • r .0 .tion .rI:ws -1_ti o 'ro e e or• ' isi 'on.f.ro.• if e ountie 348 consolidated governments or municipal corporations that are members of the land bank 349 unless specifically provided in the applicable intergovernmental contract or resolutio 350 and transfers of property by municipal corporations, counties, or consolidated 351 governments to the land bank shall be treated as transfers to a body politic as 352 contemplated by subparagraph(a)(2(A)of Code Section 36-9-3. 353 (di A land bank shall maintain all of its real property in accordance with the laws and 354ordinances of the iu isdiction in which the real propeis lid 355 !e)(1) Except as otherwise provided in paragraph(2)of this subsection,a land bank shall 356 not own or hold real property located outside the geographical boundaries of the land 357 bank members. 358 (21 A land bank may be anted pursuant to an intergovernmental contract with a county 359 consolidated government,or municipal corporation the authority to manage and maintain 360 real property located within the geographical boundaries of such county.consolidated 361 government, or municipal corporation,but outside the geographical boundaries of the 362 land bank members. 363 48-4-109. 364 (a1 A Iand bank shall hold ire its own name all real property acquired by the land bank 365 without regard to the identity of the transferor of the property. 366 (b) A land bank shall maintain and make available for public review and inspection an 367 inventoryof all real property held by the land bank. 368 fel A land bank may-convev,exchange,sell,transfer,lease as lessor.grant.and mortgage 369 as mortgagor any and all interests in,upon.or to real property of the land bank in some 370 form and by such e i od as •et-rm'n by the board to be in the best interest of the land 371 bank. 372 (d)(1) A land bank shall determine the terms, conditions, form, and substance of 373 consideration necessary to convey,exchange, sell,transfer, lease as lessor, grant,and 374 mortgage as mortgagor any interests in,upon,or to real property. 375 2 o id•ra io m: • - t e .rm o monetary payments and secured financial 376 obligations, covenants, and conditions related to the present and future use of the 377 property. contractual commitments of the transferee, and such other forms of 378 consideration as determined by the board to be in the best interest of the land bank, S.B.284 - 11 - 12 SB284/AP 379 (e)(1) The board shall determine and state in the land bank policies and procedures the 380 general terms and conditions for consideration to be received by the land bank for the 381 transfer of real property and interests in real property. 382 (2) The disposition of property by the land bank shall not be governed or controlled by 383 any regulations or laws of the participating land bank members unless specifically 384 provided in the applicable intergovernmental contract. 385 ffl Land bank members may. in the resolution or intergovernmental contract creating a 386 land bank, establish a hierarchical ranking of priorities for the use of real property 387 conveyed by a land bank,or, if the resolution or intergovernmental contract creating the 388 land bank is silent,the board of directors may establish a hierarchical ranking of priorities 389 for the use of real property conveyed by a land bank, including but not limited to: 390 (1) Use for purely public spaces and places; 391 (2) Use for affordable housing; 392 (3) Use for retail,commercial,and industrial activities; 393 (4) Use as conservation areas; 394 (5) Use for land trusts or for other public entities:and 395 (6) Such other uses and in such hierarchical order as determined by the board of directors 396 of the land bank. 397 (g)(1) Subject to the requirements of paragraph (5)of subsection(i)of Code Section 398 48-4-104, a county. municipal corporation, or consolidated government may, in the 399 applicable intergovernmental contract or in the resolution creating a land bank,require 400 that any particular form of disposition of real property,or any disposition of real property 401 located within specified jurisdictions, be subject to specified voting and approval 402 requirements of the board. 403 (2) Except and unless restricted or constrained a provided in paragraph (1) of this 404 subsection,the board m y delegate to officers and employees the authority to enter into 405 pnd execute agreements, instruments of conveyance, and all other related documents 406 pertaining to the conveyance of real property by the land bank. 407 48-4-110. 408 (a) A land bank may receive funding through grants and loans from the land bank 409 members,from any other municipal corporations,counties,or consolidated povernments 410 in the state, from the General Assembly. from the federaLgovernment, and from other 411 public and private sources. 412 jb) A land bank may receive and retain payments for services rendered, for rents and 413 leasehold payments received, for consideration for disposition of real and personal 414 property. for proceeds of insurance coverage for losses incurred, for income from S.B.284 - 12- 12 SB284/AP 415 investments,and for any other asset and activity lawfully permitted to a land bank under 416 this article, 417 fc) Up to 75 percent of the real property taxes collected on real property.exclusive of any 418 state or school district ad valorem tax.conveyed by a land bank pursuant to the laws of this 419 state shall be remitted to the land bank. The specific percentage of such taxes to be 420 remitted,as to each land bank member,shall be set forth in the local law,ordinance, or 421 resolution or in the intergovernmental contract of the land bank. Such allocation of 422 property tax revenues shall commence with the first taxable year following the date of 423 conveyance and shall continue fQr a period of fiveyears. Such funds shall be remitted to 424 the land bank in accordance with the administrative procedures established by the tax 425 cot ,'ss'oner •r oll-ct sr e - c. n% or counties in which the land bank is located, 426 $eh allocation of property tax revenues shall not occur if such taxes have beenpreviously 427 allocated to a tax allocation district,or to secure a debt of the municipal corporation or 428 consolidated govern ent,unless the tax allocation district.municipal corporation.county, 429 or consolidated Government enters into an agreement with the land bank for the remittance 430 of such funds to the land bank. 431 (d) At the time that the land bank sells or otherwise disposes of property as part of its land 432 bank program,the proceeds from the sale,if any.shall be allocated as determined by the 433 land bank among the following priorities: 434 (1) Furtherance of land bank operations: 435 (2) Recovery of land bank expenses:and 436 (3) Remitter to the tax commissioner or tax collector for distribution to the appropriate 437 taxing entity inproportion to and to the extent of their respective tax bills and costs. 438 Any excess proceeds shall be distribut d pursuant to any applicable intergovernmental 439 contract or land bank rules,regulations, or bylaws in accordance with the public policy 440 stated in this article. 441 48-4-111. 442 fa) All meetings shall be open to the public,except as otherwise provided by Chapter 14 443 of Title 50.and a written record shall be maintained of all meetings. All records of a land 444 bank shall be subject to Article 4 of Chapter 18 of Title 50.relating to open records. 445 (b) No board member or employee of a land bank shall acquire any interest, direct or 446 indirect, in real property owned or to be acquired by the land bank,nor shall any board 447 member assist any third party in negotiating against the land bank for property identified 448 by the land bank for acquisition by the land bank. No board member or employee of a land 449 bank shall have a y interest,direct or indirect, in any contract or proposed contract for 450 materials or services to be furnished or used by a land bank. The board may adopt S.B.284 - 13 - 12 SB284/AP 451 supplemental rules and regulations addressing potential conflicts of interest and a hical 452 guidelines for board members and land bank employees. 453 Lc)(1) A land bank may be dissolved as a public body corporate and politic 60 calendar 454 days after an affirmative resolution approved by two-thirds of the membership of the 455 board. 456 (2) Sixty calendar days' advance written notice of consideration of a resolution of 457 dissolution shall be given to the governing authorities of the land bank members,shall 458 be published in a local newspaper of general circulation. 459 (3) Upon dissolution of the land bank, all real property, Personal property. and other 460 assets of the land bank shall become the assets of the municipal corporation,county.or 461 consolidated government in which the property is located,unless provided otherwise in 462 ,any applicable intergovernmental contracts. 463 !4) Land banks created pursuant to paragraphs(2)through14)of subsection(b)of Code 464 Section 48-4-103 shall not automatically dissolve upon the withdrawal of one or more 465 land bank members unless the inter intergovernmental contract so provides except t at no 466 municipal corporation may maintain the existence f a land bank if the county in which 467 the municipal corporation is located withdraws from the land bank,and no coupma y 468 maintain the existence of a land bank if the single municipal corporation that is both 469 located within that county and is a member of the land bank withdraws from the land 470 bank. 471 48-4-112. 472 a Wh-n-ve an r- 1 pro.- is _c•ui edb al. d k .n. i e c .er-d r . lie or 473 claim for real property taxes owed to one or more of the land bank members or to 474 municipal cora rations counties or consolidated governments that have an 475 intergovernmental contract with the land bank,the land bank may. by resolution of the 476 board.discharge and extinguish any and all such liens or claims. The decision by the board 477 toe in uish such liens or claims is subject to the voting requirements contained in 478 Subsection (i) of Code Section 48-4-104. Unless provided otherwise in an applicable 479 intergovernmental contract,whenever any real property is acquired by a land bank and is 480 encumbered by a lien or claim for real property taxes owed to a school district,the land 481 bank shall notify the school district of its intent to extinguish all such liens and claims in 482 writing. If the school district fails to object in written form to the proposed extinguishment 483 within 30 4 ys of receipt of such notice to the land bank. the lannd bank shall have the 484 power- by resolution of a board t discharge and extin uis ny and all such liens or 485 claims. To the extent necessary and appropriate th land bank hall fil in ap r riate 486 blic records evidence of the extinguishment and dissolution of such lien o cl i s. S. B.284 - 14- 12 SB284/AP 487 (b) To the extent that a land bank receives payments of any kind attributable to liens or 488 claims for real property taxes owed to a municipal corporation. county. consolidated 489 government,or school district on property acquired by the land bank,the land bank shall 490 remit the full amount of the payments to the tax commissioner or tax collector for 491 distribution to the appropriate taxing entity. 492 (c)(1) A tax commissioner or tax collector may assign,transfer,or sell to a land bank any 493 ad valorem tax executions issued against a single property or ad valorem tax executions 494 issued against multiple tracts of property in the geographical jurisdiction ofthe land bank 495 in one or more transactions and upon such terms and conditions as are mutually 496 acceptable to the tax commissioner and the land bank. Notwithstandina the notice 497 requirements in subsection(c)of Code Section 48-3-19,when the land bank is the holder 498 of a tax execution,the land bank shall_nrovide notice of the transfer of the tax execution 499 to the land bank in the following manner: 500 (A) Immediately upon acquisition of one or more tax executions.the land bank shall 501 send notice of the tax execution transfer by certified mail.return receipt requested,to 502 al interested parties whose identity nd address are re �onably ascertainable Co ie 503 Qf the notice of the tax execution transfer shall also be sent by first class mail to the 504 ro ertv address to the attention of the occ pants of the property if any In addition 505 notice hall be posted on the property;and 506 (B) Within 30 days of the tax execution transfer,the land bank shall cause a notice of 507 the tax execution transfer to be published on two separate dates in the official organ of 508 the county in which the property is located. 509 (2) The notice contained in subparagraphs(A)and(B)ofparagraph(1)of this subsection 510 shall specify: 511 CA) The name of the land bank and the contact information for the individual 512 responsible for collecting the delinquent taxes; 513 113) The property address; 514 IC) A description of the property; 515 (D) The tax identification number of the property; 516 (E) The applicable period of tax delinquency;and 517 (F) The principal amount of the delinquent taxes together with interest and penalties. 518 QLThe land bank may submit the execution to the levying officer 12 months after the 519 date of transfer or 24 months after the tax giving rise to the execution was originally due, 520 whichever is earlier. 521 jd)(1) Notwithstanding any other provision of law,at a noniudicial tax sale conducted 522 pursuant to Article 1 of this chapter where the tax commissioner or tax collector or the 523 land bank is the holder of the tax execution giving rise to the sale,a land bank may tender S.B.284 - 15- 12 SB284/AP 524 a bi inn amount equal to the total amount of all tax liens which were the basis of the 525 execution and any accrued interest,penalties,and costs. In the event of such tender by 526 thelland bank such bid comprises the land bank's commitment to pay not more than all 527 costs of the sale and its assumption of liability for all taxes,accrued interest thereon,and 528 penalties,and,if there is no other bid,the tax commissioner or tax collector shall accept 529 the land bank's bid and make a deed of the property to the land bank. 530 (2) If there are third parties who bid on a given parcel and the land bank tenders the 531 highest bid on that parcel,the land bank shall pay the tax commissioner or tax collector 532 the full amount of the bid tendered by the land bank in order to obtain the parcel. 533 (e)(1) A land bank may tender a bid at any sale ordered by the court pursuant to Article 5 534 of this chapter in an amount equal to the total amount of all tax liens which were the basis 535 of the iudement and any accrued interest,penalties,and costs. In the event of such tender 536 by the land bank,such bid shall comprise the land bank's commitment to pay not more 537 than all costs of the sale and its assumption of liability for all taxes. accrued interest 538 thereon and penalties If there is no other bid and thePro eerrtv is not redeemed by the 539 owner in accordance with subsection(c)of Code Section 48-4-81,the tax commissioner 540 or tax collector shall accept the land bank's bid and make a deed of the property to the 541 land bank. 542 (2) If there are third parties who bid on a given parcel and the land bank tenders the 543 highest bid on that parcel,the land bank shall pay the tax commissioner or tax collector 544 the full amount of the bid tendered by the land bank in order to obtain the parcel. 545 (3) Subject to the statutory red 60 da em tD ion p rind requiredpursuant tosubsection(c) 546 f Code Section 48-4-81, the land bank, as purchaser at such sale. shall tyke and 547 thereafter have an absolute title to the property sold,free and discharged of all tax and 548 municipal claims,liens,mortgages,charges.and estates of whatsoever kind except for 549 those interests referenced in subsection(b) of Code Section 48-4-79. In the event of 550 purchase by a land bank,the conveying_instrument described in subsection(g)of Code 551 Section 48-4-81 shall note the conveyance to the land bank pursuant to this article. 552 (4) The deed to the land bank shall be executed and delivered to the land bank within 90 553 days of the sale pursuant to subsection(d)of Code Section 48-4-81. 554 (5) Notwithstandingany other provision of law, a land bank that is a transferee and 555 holder of tax executions may file petitions of foreclosure pursuant to Article 5 of this 556 chapter on real property located within a jurisdiction that has authorized the ad valorem 557 tax foreclosure process contained in Article 5 of this chapter. In a petition of foreclosure 558 pursuant to Article 5 of this chapter,a land bank is authorized to combine in a single 559 petition multiple tracts of realoroperty,and the court may order in a single final judgment 560 that all or part of the real properties identified in the Petition be sold to the land bank free S.B.284 - 16- 12 SB284/AP 561 and clear of all liens and encumbrances so long as the petition and accompanying 562 affidavits provide: 563 IA) Identification of each tract of real property; 564 (B) The identities of all parties having an interest in each respective tract of prop• 565 (C) The amount of the tax lien due and owing:and 566 (D) The nature of the notice of the proposed sale provided to such interested parties." 567 SECTION 3. 568 This Act shall become effective on July 1,2012. 569 SECTION 4. 570 All laws and parts of laws in conflict with this Act are repealed. S.B.284 - 17- Office of the Administrator G E-- R k 0 I A Tameka Allen, Interim Administrator Room 801-Municipal Building Steven).Cassell,Interim Deputy Administrator 530 Greene Street-AUGUSTA,GA 30901 (706)821-2400- FAX(706)821-2819 www.augustaga.gov May 22,2014 Mr.Norman Michael Executive Director—Land Bank Authority 925 Laney Walker Boulevard Augusta,GA 30901 Dear Norman: • The Augusta-Richmond County Commission,at their regular meeting held on Thursday,May 22,2014 approved discussing the Adoption the 2012 Georgia Land Act at the upcoming retreat.(Approved by Administrative Services Committee May 12,2014) If you have any questions,please contact me. Y. truly, (OD a Allen Interim Administrator 05-22-14: #20