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2018 Georgia Code 36-31-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-31-2 Case Law from Google Scholar Amendments to OCGA 36-31-2

TITLE 36 LOCAL GOVERNMENT

Chapter 31 information not found

ARTICLE 2 GRANTS TO COUNTIES FOR COUNTY ROADS AND MAINTENANCE

36-31-2. Two-year inapplicability of provisions regarding inactive municipalities.

When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section 36-30-7.1.

(Ga. L. 1963, p. 251, § 2; Ga. L. 1967, p. 718, § 1; Ga. L. 1971, p. 90, § 1; Ga. L. 1996, p. 399, § 1; Ga. L. 2005, p. 185, § 1/HB 36.)

Editor's notes.

- Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.

Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.

JUDICIAL DECISIONS

Section not retroactive.

- When a municipality was created prior to this section, the restrictions of this section do not apply to an amendatory Act. To construe this section as applicable to Acts amending the corporate powers of municipalities in existence prior to this section would violate the statute's plain and unambiguous language, and the constitutional prohibition against enactment of retroactive laws. Brown v. City of Marietta, 220 Ga. 826, 142 S.E.2d 235 (1965) (see O.C.G.A. § 36-31-2).

Cited in Meredith v. Meredith, 240 Ga. 226, 240 S.E.2d 75 (1977); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 13.

Cases Citing O.C.G.A. § 36-31-2

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City of Atlanta v. Mays, 301 Ga. 367 (Ga. 2017).

Cited 17 times | Published | Supreme Court of Georgia | Jun 5, 2017 | 801 S.E.2d 1

...The General Assembly has enacted some general laws to “prescribe certain minimum standards which must exist as a condition precedent to the original incorporation of a municipal *378corporation of this state,” OCGA § 36-31-1, but Atlanta does not contend that HB 514 violates any of those standards. See OCGA §§ 36-31-2 to 36-31-12.16 Decided June 5, 2017. Bonduran t, Mixson & Elmore, Emmet J....
...that a local act of the General Assembly proposing annexation include a referendum if the area to be annexed is majority residential and the population exceeds a certain number. We note that the General Assembly amended one of these statutes, OCGA § 36-31-2, in 2005 to eliminate a provision that prohibited the legislature from incorporating by local act a city within three miles of an existing city....