Governor Perdue signed into law an amendment to O.C.G.A. § 44-5-40 overturning BBC Land & Development, Inc. v. Butts County, 281 Ga. 472, 640 S.E.2d (2007) decided by the Georgia Supreme Court on January 8, 2007. BBC Land & Development, Inc. that had held that vested rights to develop property in accordance with prior zoning were personal to the owner of them and are not transferable with the land.
The Home Builders Association of Georgia and others were concerned that this decision would completely change the normal process of residential development in Georgia and lobbied the State Legislature for a legislative remedy.
As amended, O.C.G.A. § 44-5-10 simply reads:
Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession.
Keep reading for GZB’s summary of the now legislatively overturned BBC Land & Development, Inc. v. Butts County.