The Georgia Supreme Court is considering for the first time a law known as the Landowner’s Bill of Rights in a case that could have implications for how private property is seized through eminent domain.

Georgia Supreme Court rules against Marietta over Landowner’s Bill of Rights

In a ruling that will have implications for how local governments seize private property, the Georgia Supreme Court on Monday affirmed the 2006 Landowner’s Bill of Rights as a set of mandatory rules for condemning authorities. 

AJC’s PREVIOUS COVERAGE: Landowner’s Bill of Rights tested at Georgia Supreme Court

The court sided with property owner Ray Summerour against the city of Marietta, which had argued the protections laid out in the Landowner’s Bill of Rights were merely guidelines.

“If [the Landowner’s Bill of Rights] were entirely optional, as the City urges, the protective function of the Act as a whole would be impaired significantly,” the ruling reads.

To read the detailed story about the potential impact of the court’s decision, visit our subscriber site,, later this afternoon. 


Support real journalism. Support local journalism. Subscribe to The Atlanta Journal-Constitution today. See offers.

Your subscription to the Atlanta Journal-Constitution funds in-depth reporting and investigations that keep you informed. Thank you for supporting real journalism.