GreenLaw Disappointed in Georgia Attorney General’s Land Use Opinion

Today, Georgia’s Attorney General released his opinion on Jekyll Island’s 65-35 requirement. “We are disappointed with the Attorney General’s opinion which equates “marsh” with “land” for purposes of limiting development to 35% of the land area of Jekyll Island that lies above water at mean high tide,” said GreenLaw Attorney Steve Caley. “Simply put, marsh is not land.”

FOR IMMEDIATE RELEASE
 
Media Contact:
Steve Caley
GreenLaw Attorney
404-659-3122  xt. 222
 
 

GreenLaw Disappointed in Georgia Attorney General’s Land Use Opinion
Georgia Barrier Island, Jekyll Island Opened for Additional Development

 
 
June 27, 2013 (ATLANTA) – Today, Georgia’s Attorney General released his opinion on Jekyll Island’s 65-35 requirement. “We are disappointed with the Attorney General’s opinion which equates “marsh” with “land” for purposes of limiting development to 35% of the land area of Jekyll Island that lies above water at mean high tide,” said GreenLaw Attorney Steve Caley. “Simply put, marsh is not land.”
 
GreenLaw strongly believes that the 65/35 law, rules of statutory construction and common sense demonstrate conclusively that marsh is not land for purposes of limiting development of the land area of Jekyll.
 
The Attorney General’s opinion focuses on the portion of the statute that limits development above water at mean high tide. However, the statute’s focus is on the “land area” above water at mean high tide.
 
Unfortunately, the Attorney General has given the Jekyll Island Authority a stamp of approval to artificially increase the size of the island by approximately 1,726 acres, thereby expanding the amount of developable land by an additional 605 acres on this pristine treasure of a barrier island.
 
We will wait to see what the Jekyll Island Authority now does in its development of a master plan. In the meantime, GreenLaw and our clients are evaluating all options that may be available to us.

 
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GreenLaw is a non-profit law firm serving environmental and community organizations that have been adversely impacted by pollution. Since 1992, GreenLaw has achieved these goals by providing free, high-quality legal and technical assistance to environmental organizations and community groups throughout Georgia. For more information, visit www.greenlaw.org and follow @greenlaw_GA on Twitter. - See more at: http://www.greenlaw.org/AGDecision#sthash.Utjjknf6.dpuf