O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-2-4 (2019)

Transmittal of proceedings changing districts to Governor; publication

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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It is the duty of the judge of the probate court, when a new district is laid out, immediately to transmit to the Governor the proceedings in the matter, duly certified, from his minutes and to publish them for 30 days at the door of the courthouse and in the newspaper where he does his official advertising.

History

Laws 1840, Cobb’s 1851 Digest, p. 187; Code 1863, § 459; Code 1868, § 521; Code 1873, § 487; Code

1882, § 487; Civil Code 1895, § 336; Civil Code 1910, § 379; Code 1933, § 23-207.

Annotations

JUDICIAL DECISIONS

Numbers and names of militia districts are not required to be kept in executive department. Aultman v. Hodge, 150 Ga. 370, 104 S.E. 1 (1920).

36-2-5 through 36-2-7.

Editor's notes. - These Code sections, relating to effect on justices of the peace, constables, and actions pending in justice's court in the old district and election of justices of the peace and constables in new districts upon addition, consolidation, and abolition of militia districts, were based on Orig. Code 1863, §§ 460 to 462; Code 1868, §§ 522 to 524; Code 1873, §§ 488 to 490; Code 1882, §§ 488 to 490; Code 1895, §§ 337 to 339; Ga. L. 1899, p. 24, § 1; Civil Code 1910, §§ 380 to 382; Code 1933, §§ 23-208 to 23-210; and Ga. L. 1981, Ex. Sess., p. 8.

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CHAPTER 3 COUNTY BOUNDARIES

Article 1

Change of Boundaries.

36-3-1. Filing and contents of petition for change of boundary line; publication of notice.

36-3-2. Proceedings before grand juries; action by county governing authorities upon approval of change by grand juries; publication of notice of approval by judges of probate courts.

36-3-3. When new boundary lines deemed established.

36-3-4. Payment of costs of proceedings.

36-3-5. Filing of survey, plat, and resolution relating to change of boundary with Secretary of State; disposition thereof; recordation of certified copy by clerks of superior courts.

Article 2

Settlement of Boundary Disputes.

36-3-20. Presentment of boundary dispute by grand jury; certification to Governor; appointment of surveyor to define line; return of survey and plat to Secretary of State.

36-3-21. Service of notice of survey upon county authorities.

36-3-21.1. Counties' agreement to boundary lines; filing of resolutions.

36-3-22. Copy of survey and plat furnished to county authorities.

36-3-23. Filing of survey and plat with Secretary of State; time for protest or exceptions thereto.

36-3-24. Notice and hearing of protest or exceptions by Secretary of State.

36-3-25. Recordation of survey and plat; conclusive effect; subsequent changes of boundary line.

36-3-26. Compensation of land surveyor; notification of county authorities of fee; advisory committee.

36-3-27. Payment by county authorities of compensation; tax levy.

Cross references. - County boundaries generally, Vol. 42, Index of Local and Special Laws.

JUDICIAL DECISIONS

Presumption of compliance with statute. - An order of the Governor appointing a surveyor to make a survey and plat of a disputed county line will be presumed, until the contrary appears, to have been made in full compliance with statutes providing for settlement of disputed county line. Fine v. Dade County, 198 Ga. 655, 32 S.E.2d 246 (1944).

When lands sought to be taxed by one county become part of another county, this status remains until there is another survey of line, after which the lands became a part of the former county. Kennedy v. Howard, 183 Ga. 410, 188 S.E. 673 (1936).

Cited in Calhoun County v. Early County, 205 Ga. 169, 52 S.E.2d 854 (1949).

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ARTICLE 1 CHANGE OF BOUNDARIES

Cross references. - Limitation of number of counties to 159, Ga. Const. 1983, Art. IX, Sec. I, Para. II(a).

Changing of county lines by operation of general law only and consolidation, merger, or division of counties generally, Ga. Const. 1983, Art. IX, Sec. I, Para. II(b) and (c).

Change in boundaries of election districts within counties, § 21-2-261 et seq.

County boundaries generally, Vol. 42, Index of Local and Special Laws.