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2018 Georgia Code 36-3-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-3-25 Case Law from Google Scholar Amendments to OCGA 36-3-25

TITLE 36 LOCAL GOVERNMENT

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

ARTICLE 2 SETTLEMENT OF BOUNDARY DISPUTES

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

Upon the making of a decision by the Secretary of State pursuant to Code Section 36-3-24 or in case no protest or exceptions are filed within the 30 days, the Secretary of State shall cause the survey and plat to be recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute. When the boundary line in dispute has been established as final and conclusive as provided in this Code section, the same boundary line shall not again be subject to the procedures set forth in this article, and such boundary line may subsequently be changed only in accordance with Article 1 of this chapter, provided that nothing contained in this sentence shall affect any boundary line dispute in question on July 1, 1980, until the dispute is settled.

(Ga. L. 1899, p. 24, § 4; Civil Code 1910, § 476; Code 1933, § 23-406; Ga. L. 1980, p. 1178, § 1; Ga. L. 1982, p. 3, § 36.)

Editor's notes.

- Ga. L. 1980, p. 1178, § 2, not codified by the General Assembly, provided that nothing in that Act, which added the last two sentences to this Code section, shall affect any boundary line disputes already in question, until such disputes are settled.

JUDICIAL DECISIONS

Mandamus cannot dictate where boundary line to be located.

- Trial court erred by granting a county mandamus relief in a county boundary line dispute action pursuant to O.C.G.A. § 36-3-20 et seq., because while mandamus was authorized to compel the Georgia Secretary of State to do certain tasks, it was not authorized to dictate where the boundary line was to be located. Bibb County v. Monroe County, 294 Ga. 730, 755 S.E.2d 760 (2014).

Secretary has discretion in conducting hearing.

- On remand of a county boundary dispute under O.C.G.A. § 36-3-20 et seq., a trial court erred by proscribing the Secretary of State from holding a new hearing or considering additional evidence before determining the boundary between two counties; O.C.G.A. § 36-3-24 gave the Secretary broad discretion in making the Secretary's determination. Kemp v. Monroe County, 298 Ga. 67, 779 S.E.2d 330 (2015).

Cited in Fine v. Dade County, 198 Ga. 655, 32 S.E.2d 246 (1944).

Cases Citing O.C.G.A. § 36-3-25

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Bibb Cnty. v. Monroe Cnty., 294 Ga. 730 (Ga. 2014).

Cited 60 times | Published | Supreme Court of Georgia | Mar 10, 2014 | 755 S.E.2d 760

...within the 30 days, the Secretary of State shall cause the survey and plat to be recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute .. . . OCGA § 36-3-25. As the statutory language makes clear, the Secretary’s overall duty under this scheme is to ascertain the “true boundary line” between the counties....
...to this case, we must parse out the 13 precise nature of the Secretary of State’s statutory duties given the current procedural posture of the Monroe County/Bibb County boundary line dispute. Under OCGA § 36-3-25, where no protest is filed in response to the appointed surveyor’s proposed boundary line, the Secretary is required to record the surveyor’s survey and plat; the Secretary’s duty in this circumstance is mandatory....
...of Examiners in Optometry v. Society of Professional Optometrists, Inc., 231 Ga. at 46. 14 In relation to the third of these rights, the statute directs the Secretary to record “the survey and plat,” OCGA § 36-3-25, a direction that might be construed to refer exclusively to the appointed surveyor’s survey and plat, such that the Secretary would not be authorized to record any alternative survey and plat....
...e.” It is equally clear that the Secretary is required to “determine from the law and evidence the true boundary line” and to render some final decision that reflects his determination. Thus, viewed in context, the reference in OCGA § 36-3-25 to the recording of “the survey and plat” is most reasonably and naturally understood 15 to refer to the recording of a survey and plat that identifies the “true boundary line.” Notably,...
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Kemp v. Monroe Cnty.; Bibb Cnty. v. Monroe Cnty., 298 Ga. 67 (Ga. 2015).

Cited 2 times | Published | Supreme Court of Georgia | Nov 2, 2015 | 779 S.E.2d 330

...at 665 (stating on motion for reconsideration that procedural requirements applicable in judicial proceedings do not apply in proceedings to determine a county boundary line because the Secretary of State does not act judicially under the statutes, but acts politically). See generally OCGA § 36-3-25 (imposing upon Secretary of State the obligation to record the survey and plat not within any particular time but “[u]pon the making of a decision pursuant to Code Section 36-3-24")....