O.C.G.A. § 36-35-8 (2019)

In the event of a conflict between this chapter and Chapter 34 of this title, this chapter shall control.

CHAPTER 36 ANNEXATION OF TERRITORY Sec.

Article 1 General Provisions Sec.

Applicability of article. Effective date of annexation. Report identifying annexed property; maps and surveys; technical assistance to municipalities; preclearance. Creation of unincorporated islands prohibited; authorization to provide services or functions. Restriction on annexation of unincorporated islands [Repealed]. Notice by municipal governing authority to county governing authority of proposed annexation. Effect of annexation upon county owned property or facilities; notice; acquisition of property or facilities by municipality. Effect of annexation upon utility service agreements. Notice to be sent by certified mail or statutory overnight delivery, return receipt requested. Legislative intent. Effect of objection to land use following rezoning; minimum procedures for addressing issues.

Article 1A Annexation by Local Act of the General Assembly Article 3 Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors ‘‘Used for residential purposes’’ defined. Procedures for annexation; referendum.

Article 2 Annexation Pursuant to Application by 100 Percent of Landowners Annexation upon application of all land owners; filing of identification of annexed property with Department of Community Affairs and county governing authority; effect of annexation. Deannexation; authority; procedures; identification; status of lands. Annexation by a municipal corporation into an adjoining county.

‘‘Contiguous area’’ defined.

‘‘Municipal corporation’’ defined. ‘‘Contiguous area’’ defined; determination of aggregate external boundary. Annexation upon application of owners of 60 percent of the land and 60 percent of the resident electors generally; application and signature requirements. Annexation across county boundary lines prohibited. Determination of compliance with article; notice upon noncompliance; proceedings upon compliance. Plans and report for extension of services to area proposed to be annexed. Requirement of public hearing; notice of time and place; persons entitled to be heard; right of property owner to withdraw consent. Adoption of annexing ordinance. Filing of identification of annexed property with county and Department of Community Affairs; applicability of Sec.

municipal ad valorem taxes to annexed territory; effect of annexation. Filing of petition for declaratory judgment to determine validity of annexation; judicial review. Use of municipally owned utilities by residents of annexed territory.

Sec.

Limitation on Annexation of Areas Furnished Services or Included in Comprehensive Zoning Plan by Certain Counties Annexation Pursuant to Resolution and Referendum Purpose of article. Legislative declaration of policy. Definitions. Authorization of annexation generally. Standards and requirements for area proposed to be annexed. Determination of compliance with standards and requirements; review of determination by superior court. Plans and report for extension of services to area proposed to be annexed. Adoption of annexation resolution by municipal corporation; contents of resolutions; approval, availability, and distribution of report relating to extension of services; conduct of public hearing. Referendum for ratification or rejection of annexation resolution generally; procedure; subsequent annexation attempt. Filing of identification of annexed territory with Department of Community Affairs and county governing authority. Authorized expenditures relating to annexation.

Restriction on applicability of article. Article 5 Article 4 Approval by governing authority in certain counties for annexation of areas furnished services or included in comprehensive zoning plan; right of property owners to file action for injunction [Repealed]. Article 6 Annexation of Unincorporated Islands Definitions. Area included in determining aggregate external boundary. Annexation of unincorporated islands; procedures; provision of municipal services. Article 7 Procedure for Resolving Annexation Disputes