2020 Georgia Code
Title 44 - Property
Chapter 10 - Historic Preservation
Article 2 - Ordinances Providing for Historical Preservation
§ 44-10-20. Short Title
This article shall be known and may be cited as the "Georgia Historic Preservation Act."
(Ga. L. 1980, p. 1723, § 1.)
Law reviews.- For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).
JUDICIAL DECISIONS
Number of active commission members.
- A county historic preservation commission's decision was not void because the commission did not have seven members as required by an ordinance. Neither the ordinance nor the Historical Preservation Act, O.C.G.A. § 44-10-20 et seq., provided that failure to have seven active members invalidated a decision; such an express requirement was necessary under O.C.G.A. § 1-3-1(c). DeKalb County v. Buckler, 288 Ga. App. 346, 654 S.E.2d 193 (2007), cert. denied, No. S08C0514, 2008 Ga. LEXIS 374 (Ga. 2008).
Substantial compliance as standard of review.
- Because the Georgia Historic Preservation Act (HPA), O.C.G.A. § 44-1-20 et seq., does not expressly provide that a county's failure to strictly comply with the HPA's uniform procedures invalidates an ordinance adopted thereunder, and because the developers failed to show the developers were harmed by the county's alleged failure to strictly comply with the procedures of the HPA, the trial court properly applied the "substantial compliance" standard of review. Buckler v. DeKalb County Bd. of Comm'rs, 299 Ga. App. 465, 683 S.E.2d 22 (2009), cert. denied, No. S09C2027, 2010 Ga. LEXIS 3 (Ga. 2010).
