Friday, January 12, 2024

saving salt marshes, again

I could hardly believe it when One Hundred Miles told me that HB 370 was again up before the House of Representatives in Congress.
Of course I'd let my Congressperson know my stance again!
Perhaps you will, too?
Here is the link to make that action easy-peasy!
Thanks!

Here's my letter to Edna Jackson.
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Dear State Representative Edna Jackson,

House Bill 370 is a direct threat to more than 50 years of salt marsh protection in Georgia.
As someone who values this unparalleled public resource, I ask that you vote NO on this terrible bill. 

Please consider the following: 

- It is relatively common to possess a Kings Grant. It is extremely uncommon to be able to prove clear title from the time of the issuance of the Kings Grant to the salt marsh. Since state legislators decided that State ownership was the best way to protect Georgia's salt marsh, it is always presumed that the State owns all salt marsh until an individual proves otherwise. In other words, the burden of proof falls on the individual. 

- HB 370 establishes a process whereby an individual merely needs to present a Kings Grant (not the accompanying documentation) to the State Properties Commission (not the Attorney General’s office) and assigns a time period of 180 days for the state agency to verify the Kings Grant. If the State Properties Commission cannot do this within 180 days, it is presumed that the individual's Kings Grant is valid. This bill flips the burden of proof to the State of Georgia. 

- 180 days is NOT enough time to properly scrutinize the legitimacy of the additional titles, deeds, and other evidence a person must present to the State Attorney General (AG) to prove all the conditions of the Kings Grant have been met and maintained. It is the AG's responsibility to authenticate and verify these documents, and that takes time. 

House Bill 370 is a workaround to allow individuals the ability to avoid the necessary scrutiny associated with verifying centuries of paperwork. The result could be a massive giveaway of one of the state's most notably protected natural resources--our salt marsh. Please do not vote in favor of this bill. 

If you are concerned about arguments in favor of HB 370, consider placing the bill in a study committee. There has not been a recent audit of the Attorney General's process for validating Kings Grants. There has been no analysis of how many Kings Grants exist. We do not have a clear understanding of the perceived problem. Before a bill is proposed that could have disastrous ramifications for our salt marsh, more study is needed to ensure that the right solution is proposed. 

Please do not pass HB370. It goes too far and could destroy coastal Georgia's most iconic landscape. 

Thank you for considering my comments.

Sincerely,
Faustina Smith

2 comments:

Georgia Conservancy said...

The following is from an email from Georgia Conservancy:

"Determining Ownership of Salt Marsh - House Bill 370

Earlier in the session, a substitute to House Bill 370, sponsored by Rep. Matt Reeves (R-99), narrowly passed the House Judiciary Committee with a vote of 6-5. Last week, the House Rules Committee recommitted HB 370 to the House Judiciary Committee for further discussion and/or changes. As was the case with the previous version of House Bill 370, this substitute measure seeks to alter the process of determining the private title of coastal salt marsh in Georgia by way of a crown grant or state grant. The new measure provides greater details into what this proposed process would look like, and in doing so, further cements our position that House Bill 370 is a bad bill and one that could be detrimental to our state's celebrated coastal marsh resources.

The vast majority of Georgia's nearly 400,000 acres of salt marsh are owned by the State of Georgia and are protected by the Georgia Coastal Marshlands Protection Act (CMPA). The CMPA has provided Georgia with consistent and "constant political and regulatory enforcement of marsh protection measures" for nearly 55 years. Thanks to this enduring legislation, Georgia's expansive network of salt marsh is intact and remains one of the most protected ecosystems on the eastern seaboard."

Georgia Conservancy said...

Finally!
Some good news... or, rather, a postponement of bad news.
Hopefully, it will all turn out well for the salt marshes.
Here's the latest update:

"Earlier in the session, the House Bill 370 substitute passed the House Judiciary Committee in a narrow vote of 6 to 5, but after moving to the House Rules Committee, it was recommitted to the House Judiciary Committee. By the end of Crossover Day, HB 370 did not receive a vote in the House Judiciary Committee and will -not- move forward during this session."