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2018 Georgia Code 36-3-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-3-1 Case Law from Google Scholar Amendments to OCGA 36-3-1

TITLE 36 LOCAL GOVERNMENT

Section 3. County Boundaries, 36-3-1 through 36-3-27.

ARTICLE 1 CHANGE OF BOUNDARIES

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

Whenever one or more citizens of any county desire to have the boundary line of the county changed, they shall file in the offices of the judges of the probate courts of the counties to be affected a petition in writing, setting forth the exact character of the change desired to be made, specifying particularly the situation, direction, and existing marks and monuments, if any, of the original line, and describing particularly the direction, location, and length of the proposed new line, and setting forth the reasons for the change. The person or persons applying for the change shall also give notice of the intention to apply for the change by publishing the same for at least 30 days next preceding the term of the superior court or courts to be held in the counties to be affected, which term shall be that next occurring after the filing of the petition with the judges of the probate courts:

  1. By publishing the notice in a public newspaper having general circulation in each of the counties to be affected by the change; and
  2. By posting the notice at the door of the courthouse in each of the counties and at three public places in every militia district adjacent to the line to be changed.

(Ga. L. 1880-81, p. 52, § 1; Code 1882, § 508n; Civil Code 1895, § 382; Civil Code 1910, § 468; Code 1933, § 23-301.)

Law reviews.

- For article questioning the constitutionality of this section and the constitutional provision under which it was enacted, see 10 Ga. L. Rev. 169 (1975).

JUDICIAL DECISIONS

Constitutionality.

- This and the following sections of this chapter constitute a general law and are not unconstitutional. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918) (see O.C.G.A. § 36-3-1 and O.C.G.A. Ch. 3, T. 36).

Quantity of land transferred limited by discretion of officials.

- When provisions of law have been fully complied with, the quantity of land that may be transferred from one county to another by a change of county line is limited only by the restrictions contained in law; that is, by discretion of those officials named, and by the constitutional provision against removal of county site, or dissolution of a county except in the manner prescribed in Ga. Const. 1976, Art. IX, Sec. I, Para. V (see Ga. Const. 1983, Art. IX, Sec. I, Para. II). Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918).

Injunction in discretion of judge.

- On a petition to enjoin commissioners from passing on recommendation of grand jury sanctioning change of county line, the judge of the superior court did not abuse judicial discretion in refusing an interlocutory injunction on the facts of the case. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918).

Notice not required to be posted throughout length of county line.

- Provision in this section as to the posting of notice in militia districts does not require the posting of notice in every district throughout the length of the county line unless the line is to be changed throughout the line's entire length. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918) (see O.C.G.A. § 36-3-1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 42, 51, 52, 56, 59, 60.

ALR.

- What constitutes newspaper of "general circulation" within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.

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