Georgia Official and Statistical Register 1983-84 - the Digital Library ...

Paragraph IX. Sovereign immunity of the state from suit.(a) Sovereign immunity extends to the state and all of itsdepartments and agencies. However, the defense of sovereignimmunity is waived as to any action ex contractu for the breachof any written contract now existing or hereafter entered intoby the state or its departments and agencies. Also the defense ofsovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of itsdepartments and agencies for which liability insurance protection for such claims has been provided but only to the extent ofany liability insurance provided. Moreover, the sovereignimmunity of the state or any of its departments and agenciesmay hereafter be waived further by Act of the General Assembly which specifically provides that sovereign immunity is hereby waived and the extent of the waiver. No waiver of sovereignimmunity shall be construed as a waiver of any immunityprovided to the state or its departments and agencies by theUnited States Constitution. The provisions of this paragraphshall not have the effect of permitting the state or any of itsdepartments or agencies to interpose the defense of sovereignimmunity as to any action against the state or any of itsdepartments or agencies filed prior to January 1,1983, if suchdefense could not have been interposed on December 31,1982.(b) The General Assembly may provide by law for the processing and disposition of claims against the state which do notexceed such maximum amount as provided therein.SECTION III.GENERAL PROVISIONSParagraph I. Eminent domain, (a) Except as otherwiseprovided in this Paragraph, private property shall not be takenor damaged for public purposes without just and adequatecompensation being first paid.(b) When private property is taken or damaged by the stateor the counties or municipalities of the state for public road orstreet purposes, or for public transportation purposes, or forany other public purposes as determined by the GeneralAssembly, just and adequate compensation therefor need notbe paid until the same has been finally fixed and determined asprovided by law; but such just and adequate compensationshall then be paid in preference to all other obligations exceptbonded indebtedness.(c) The General Assembly may by law require the condemnorto make prepayment against adequate compensation as acondition precedent to the exercise of the right of eminentdomain and provide for the disbursement of the same to theend that the rights and equities of the property owner, lienholders, and the state and its subdivisions may be protected.(d) The General Assembly may provide by law for the payment by the condemnor of reasonable expenses, includingattorney©s fees, incurred by the condemnee in determining justand adequate compensation.(e) Notwithstanding any other provision of the Constitution, the General Assembly may provide by law for relocationassistance and payments to persons displaced through the exercise of the power of eminent domain or because of publicprojects or programs; and the powers of taxation may beexercised and public funds expended in furtherance thereof.Paragraph II. Private ways. In case of necessity, privateways may be granted upon just and adequate compensationbeing first paid by the applicant.Paragraph III. Tidewater titles confirmed. The Act of theGeneral Assembly approved December 16,1902, which extendsthe title of ownership of lands abutting on tidal water to lowwater mark, is hereby ratified and confirmed.ARTICLE II.VOTING AND ELECTIONSSECTION I.METHOD OF VOTING;RIGHT TO REGISTER AND VOTEParagraph I. Method of voting. Elections by the peopleshall be by secret ballot and shall be conducted in accordancewith procedures provided by law.Paragraph II. Right to register and vote. Every person whois a citizen of the United States and a resident of Georgia asdefined by law, who is at least 18 years of age and not disenfranchised by this article, and who meets minimum residencyrequirements as provided by law shall be entitled to vote at anyelection by the people. The General Assembly shall provide bylaw for the registration of electors.Paragraph III. Exceptions to right to register and vote.(a) No person who has been convicted of a felony involvingmoral turpitude may register, remain registered, or vote exceptupon completion of the sentence.(b) No person who has been judicially determined to bementally incompetent may register, remain registered, or voteunless the disability has been removed.SECTION II.GENERAL PROVISIONSParagraph I. Procedures to be provided by law. TheGeneral Assembly shall provide by law for a method of appealfrom the decision to allow or refuse to allow any person toregister or vote and shall provide by law for a procedurewhereby returns of all elections by the people shall be made tothe Secretary of State.Paragraph II. Run-off election. A run-off election shall be acontinuation of the general election and only persons who wereentitled to vote in the general election shall be entitled to votetherein; and only those votes cast for the persons designated forthe runoff shall be counted in the tabulation and canvass of thevotes cast.Paragraph III. Persons not eligible to hold office. No personwho is not a registered voter or who has been convicted of afelony involving moral turpitude, unless that person©s civilrights have been restored, or who is the holder of public fundsillegally shall be eligible to hold any office or appointment ofhonor or trust in this state. Additional conditions of eligibilityto hold office for persons elected on a write-in vote and forpersons holding offices or appointments of honor or trust otherthan elected offices created by this Constitution may be provided by law.Paragraph IV. Recall of public officials holding electiveoffice. The General Assembly is hereby authorized to provideby general law for the recall of public officials who hold electiveoffice. The procedures, grounds, and all other matters relativeto such recall shall be provided for in such law.ARTICLE III.LEGISLA TIVE BRANCHSECTION I.LEGISLATIVE POWERParagraph I. Power vested in General Assembly. The legislative power of the state shall be vested in a General Assemblywhich shall consist of a Senate and a House of Representatives.