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6/9/2010
Governor Perdue Vetoes HB 1028 |
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On June 9, the last day for the Governor to sign or veto legislation passed during the 2010 legislative session, Governor Sonny Perdue vetoed House Bill 1028, GFA-sponsored legislation that would have corrected language in the original Forest Land Protection Act (FLPA) and paved the way for thousands of additional acres to be placed in covenants, spared from conversion to non-forest uses for at least the next 15 years. Approximately two million acres are enrolled in the FLPA program at the present time.
In vetoing HB 1028, Governor Perdue released the following statement: "HB 1028 allows landowners that have placed their land in a conservation covenant to subdivide that land in a manner allowing them to avoid paying tax penalties. In 2008, I signed the Forest Land Protection Act, which provides a way for forest land owners to continue their ownership of these valuable resources by reducing the burden of property taxes on their forest land. The State and local governments have invested millions of dollars in this program, the purpose of which was to help owners maintain their land for conservation purposes. Property owners who make an agreement with the State to conserve their forest for the term of the conservation covenant - and accepts a financial benefit in return - is and should be responsible for any breach of that agreement. HB 1028 would allow owners who sell land they have agreed to keep as forest land to avoid penalties if the conservation covenant is broken. This does not promote the original intent of the Forest Land Protection Act to help owners conserve their forests, and so I VETO HB 1028."
According to GFA spokesman Steve McWilliams, conservation of Georgia woodlands will suffer, at least temporarily, due to the Governor's action.
"There is an opportunity to enroll perhaps as many as 500,000 additional acres in the FLPA conservation use tax program," said McWilliams. "It is disappointing that, despite overwhelming legislative support as the bill made its way through the legislative process, the Governor chose to veto this important correction."
HB 1028 would have amended the Forest Land Protection Act of 2008 to remove obstacles to enrollment related to potential liability of an owner of land in a covenant who sells or transfers a portion of the property to someone who later breaches the covenant, making it clear that liability for the breach lies with the breaching party.
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