Georgia Law Review, Vol. 10, No. 1 (Fall 1975), pp. 53-151


As will be more fully developed, the primary defect in the existing legal basis for land use planning is its fragmented and incomplete nature. The consequences of the improper and uncontrolled use of land spill over the narrow boundaries of the political subdivision in which the development occurs. Furthermore, natural areas of statewide or national importance may be lost because of local apathy.

These same conflicts in land use exist in Georgia, and the prevailing legal institutions in Georgia are just as inadequate as those in other states; but, in Georgia, the debate on legal solutionis has been muted. While Georgia's leaders have acknowledged the open crisis and her governors and legislators have enacted and enforced progressive environmental and resource laws, initiatives for more comprehensive land use planning laws have faltered on doubts as to the state's authority to act because of a persistent strand of hostile decisions from the Georgia supreme court. Judicial uncertainty is the hidden crisis in Georgia land use.

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