28 Sep 2022

125

How to Get a Homestead Exemption in Georgia and Texas

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Academic level: College

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The property laws and traditions in both Georgia and Texas are almost similar. For example, when the owner occupies the home as his/her primary residence, then they can have access to substantial discounts in both states. Therefore, the homeowners permit exemptions of up to $21,500 of their home,  and an additional application of $5,000 of the unused part of the homestead exemption can apply as regards the wildcard exemption (Fiscal Research Center, 2009). Similarly, homeowners apply for exemptions in Texas, which may either be partial or absolute. For a general residence homestead, the law requires up to $25,000 exemptions on residence homesteads (Hegar, 2018). However, this is different from Georgia’s law in that it requires the owner to possess specific amounts of interests in property, which acts as the owner’s principal. Additionally, the exemption is applicable to parts of the house used as a residence rather than for business or other uses (Hegar, 2018). 

Still, both Georgia and Texas provide employment benefits to their veterans as regards the veterans’ preferences. However, Georgia’s services to its veterans are more advanced since it provides employment assistance to its employees (Marsh et al., 2014). Furthermore, the two states have surface rights in real estate dealings like rights to physical structures, trees, flora, and water. Therefore, the sale of land only complies with surface rights and the owner of the land shall have no legal share of the underground minerals unless he/she has mineral rights. Conversely, this is different in Georgia since underground minerals are part of the real property. It, therefore, implies that Georgia’s landowners may lease air above their real estates separately (Georgia Institute of Real Estate, 2013). However, both Georgia and Texas have similar legislation concerning water rights since they have to share percolating water with other states. However, the use of an eminent domain is different in both states since Texas, for instance, condemns the exercise of the same domain’s power in addition to the condemnation of property pursuant to Texas Utilities Code § 181.004. However, Georgia’s policies require that the denunciations must not be converted to other uses but only for public application for two decades from the initial condemnation (USLegal.com, 2018). 

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References 

Fiscal Research Center. (2009). Policy Brief: The Value of Homestead Exemptions in Georgia. Issue 193. Georgia State University Press. Retrieved 12/9/2018 from https://cslf.gsu.edu/files/2014/06/value_of_homestead_exemptions_in_georgia_brief.pdf 

Georgia Institute of Real Estate. (2013). Chapter 1-2: Property. Retrieved 12/9/2018 from https://www.georgiarealestate.education/SCOs/PreSales/C01_L03/presentation_content/external_files/RED_C01_L03.pdf 

Hegar, G. (2018). Texas Property Tax Exemptions. Complete and Partial Property Tax Code Exemptions Available to Property Owners Who Qualify. Retrieved 12/9/2018 from https://comptroller.texas.gov/taxes/property-tax/docs/96-1740.pdf 

Marsh, C. et al. (2014). The United States: Veterans’ Benefits by State. Retrieved 12/9/2018 from http://www.mccscp.com/mccscp/wp-content/uploads/2014/06/TRS-VA-Benefits-Defined.pdf 

USLegal.com. (2018). Georgia Eminent Domain Laws. Web. Retrieved 12/9/2018 from https://eminentdomain.uslegal.com/state-laws-on-eminent-domain/georgia/ 

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StudyBounty. (2023, September 14). How to Get a Homestead Exemption in Georgia and Texas.
https://studybounty.com/how-to-get-a-homestead-exemption-in-georgia-and-texas-essay

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