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Ordinance that prohibits drilling of wells within city limits declared unconstitutional
The Superior Court of Washington County has found a city of Sandersville, Ga., ordinance that prohibits drilling of wells within its city limits unconstitutional.
Furthermore, the court found that a private landowner has, under the Georgia and U.S. constitutions, the right to drill a well on his or her property subject only to the government’s reasonable rules and regulations looking to the protection, safety and health of its citizens.
This is an important legal victory for Water Systems Council member Georgia Assn. of Groundwater Professionals (GAGwP) and for the well water industry as a whole. GAGwP entered this suit with member Rabun Frost and property owner Donald Ashley, challenging the fact that the city would not allow Ashley to have a well drilled on his property inside city limits, where public water supply was available.
Besides the attorneys hired by Frost and Ashley, GAGwP had legal assistance from Jesse Richardson, policy and research adviser to the Water Systems Council.