This week, Georgia lawmakers voted to hold local governments accountable when their officials allow homelessness to grow unchecked and harm neighborhoods. HB 295, championed by state Rep. Houston Gaines and state Sen. Clint Dixon, empowers property owners to seek compensation when local governments have a policy, pattern or practice of failing to enforce laws related to homelessness and allowing public nuisances to persist unabated.
Specifically, the legislation allows property owners to file claims when property values decrease and when owners incur reasonable mitigation expenses due to the local government’s failure to enforce laws related to illegal camping, panhandling, loitering, drug activity, and public intoxication.
Across the country, Americans are increasingly confronting the real-world consequences of government inaction on homelessness and public safety. Local governments often allow encampments and related crime to fester and too many communities are forced to bear the financial costs of policies that tolerate lawlessness rather than uphold the rule of law. The status quo is unacceptable. HB 295 stands for the simple premise that when government fails to perform its basic duties, citizens should not be left holding the bag. Georgia lawmakers deserve praise for upholding this principle and protecting the property rights and safety of their constituents.
Georgia’s HB 295 echoes the spirit of Arizona’s Proposition 312, a groundbreaking measure championed by the Goldwater Institute and approved by voters in 2024. Prop 312 similarly ensures that property owners can obtain relief when cities fail to enforce laws and allow homelessness-related nuisances to take root. The lesson from Arizona is clear: accountability works. When local governments know they can be held financially responsible, they are far more likely to enforce the laws already on the books in a way that respects both public safety and individual rights.
HB 295 brings that same model to Georgia, signaling that policymakers are serious about protecting communities instead of making excuses.
Allowing homeless individuals to live in dangerous encampments, often without access to sanitation, treatment, or services, is not compassionate. Rather, it’s neglect and dereliction of duty from local governments. Meanwhile, surrounding communities suffer from increased crime, serious health hazards, and economic decline.
HB 295 does not criminalize homelessness. Instead, it ensures that governments cannot ignore illegal activity and its consequences. It reinforces the principle that laws must be applied evenly and that public officials are accountable to the people they serve.
HB 295 now heads to Gov. Brian Kemp’s desk for his signature. The Goldwater Institute appreciates Rep. Gaines for his tireless work to protect property rights and public safety and applauds the Georgia legislature for advancing this crucial reform.
