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2022 Op. Ga. Att'y Gen. [1] (2022)

handle is hein.sag/sagga0102 and id is 1 raw text is: GEORGIA DEPARTMEN OF LAW Official Opinion 2022-1 MAY 19, 2022 To: Commissioner of Department of Economic Development Re: The State, as owner of the Project Site, and Rivian Automotive, LLC, as the developer and operator of the Project site owned by the State, are exempt from local zoning ordinances. This responds to your request for an official opinion as to whether real property owned by the State of Georgia is exempt from local zoning ordinances and related approval processes. More specifically, you have asked whether real property owned by the State of Georgia, but subleased to Rivian Automotive, LLC (Rivian), a private entity formed for private business purposes, is exempt from local zoning ordinances. The State of Georgia is in the process of finalizing an economic development agreement (EDA) with Rivian and the Joint Development Authority of Jasper County, Morgan County, Newton County, and Walton County (the JDA). Under the EDA, Rivian will commit to constructing and establishing an automotive manufacturing facility thereby creating 7,500 jobs and making capital investment of $5 billion (the Project). As consideration for Rivian making these commitments, the State of Georgia and the JDA will provide certain statutory and discretionary economic development incentives, including providing Rivian with a rental agreement for an approximately 1,900 acre site to be owned by the State where Rivian will construct and operate the Project (the Project Site).Jit The Georgia Constitution grants each county the ...legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Ga. Const. Art. IX, Section II, Para. I. As a result, the county has power to legislate or regulate over the private citizens and entities within its political boundaries and thus, establish zoning ordinances, subject to general law. However, this power to legislate does not include the power to legislate as to the state or its departments, agencies, and authorities. See O.C.G.A. § 1-3-8; 1958-59 Op. Att'y Gen. p. 5.

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