Senate committee advances HR 97, including settlement terms for disputed 4,086-acre marshland

The Georgia Senate Committee on State Institutions and Property on Jan. 1, 2025 voted to pass House Resolution 97 as a substitute, advancing a package of state land conveyances that includes a proposed settlement of a quiet‑title claim covering about 4,086 acres of coastal marshland.

House Resolution 97 packages dozens of conveyances and lease actions — transfers to local governments, exchanges to allow new field offices, and lease extensions for telecommunications sites — and drew focused questions from conservation advocates about one large disputed marsh parcel and the state’s long‑term interest in it.

Frank Smith, a representative of the State Properties Commission, told the committee the settlement negotiated with Glen/Glenn New Hope would transfer title to the private claimants if a mitigation bank is approved by the U.S. Army Corps of Engineers, while the State would receive 20% of any mitigation credits generated from an approved bank. Smith said the settlement includes a 10‑year condition tied to credit generation: “If no bank is approved or no credits are generated after a 10 year period following the mitigation bank approval, Glen New Hope will convey the property back to the state.” He also said the agreement provides that “upon the 25th anniversary of the settlement agreement, Glen New Hope will quit claim its interest back to the state.”

The provision prompted questions from Mark Woodall, legislative chair for the Sierra Club, who said the wetlands’ mitigation value could be substantial. “The value of that amount of wetlands, coastal marshland, is well in excess of a hundred million dollars,” Woodall said, and asked the committee to delay action until members could review litigation paperwork filed in the Brunswick courthouse.

Smith said the Attorney General’s office is handling litigation and settlement strategy and that the department had been advised a settlement is in the state’s best interest. “What they have informed us is that a settlement is in the best interest of the state,” Smith said.

Committee members asked the State Properties Commission and the Department of Law to provide available documents on the dispute for committee review. The committee did not remove the item from the rules calendar; instead members voted to leave the resolution in rules so it can proceed through the committee and be revisited if further information requires changes.

HR 97 also lists multiple smaller conveyances and exchanges across the state. Smith summarized selected items included in the resolution package: a 0.16‑acre conveyance to Bryan County for a roundabout (consideration $5,634); an exchange in Clarke County where Mallory Evans Development LLC would construct a field office and swap property with the State; a conveyance to the Moultrie/Colquitt County development authority for land appraised at fair market value to support Pratt & Whitney expansion; small conveyances to counties and the Department of Transportation to accommodate road improvements and roundabouts; and several nominal‑consideration transfers (commonly $10) to allow utilities or local governments to serve State Technical College or park facilities.

Senator Campbell moved to pass HR 97 as a substitute; a committee member seconded the motion and the committee approved the substitute. The vote was taken by voice; no roll‑call tally was recorded in the transcript.

Why it matters: the settlement terms would allow private claimants to obtain title contingent on mitigation‑bank approval while guaranteeing the State a share of mitigation credits and a reversion mechanism if credits are not produced. Conservation groups urged more documentation and additional review before further action. The committee indicated it will seek documents from the Attorney General’s office and the State Properties Commission but voted to advance the resolution within the rules process.

The committee moved on to other agenda items after the passage; members asked staff to provide additional paperwork and details on the Glenn/Glenn New Hope litigation and settlement terms for later consideration.