O.C.G.A.

O.C.G.A. § 36-36-1 (2019)

Applicability of article

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly.

History

Code 1981, § 36-36-1, enacted by Ga. L. 1992, p. 2592, § 3.

Notes of Decisions

Cited in 6 cases, 1988–2009 · leading case: City of Holly Springs v. Cherokee Cnty., 682 S.E.2d 644 (Ga. Ct. App. 2009).

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City of Holly Springs v. Cherokee Cnty., 682 S.E.2d 644 (Ga. Ct. App. 2009). · cites it 10× “2 The first method, sometimes called the “100 percent method,” was available to the city during that time, and the applicable Code sections were OCGA §§ 36-36-1 and 36-36-2 as then codified.”

Higdon v. City of Senoia, 538 S.E.2d 39 (Ga. 2000). · cites it 4× “One such condition to a proposed annexation by a municipal government requires that any bona fide land use classification objections between local governments be resolved prior to allowing an annexation to become effective.”

City of Centerville v. City of Warner Robins, 508 S.E.2d 161 (Ga. 1998). · cites it 4× “Nothing in the statutes by which the General Assembly has delegated its legislative annexation power, OCGA §§ 36-36-1 et seq., can be construed to permit a municipality to relinquish its authority to property even by the terms of an agreement with another municipality.”

Culpepper v. City of Cordele, 443 S.E.2d 642 (Ga. Ct. App. 1994). · cites it 2× “Evidence of city police investigation of incidents at public street crossings along the right-of-way, and other evidence of limited city police and fire protection provided along the right-of-way as it abutted the city, did not result in annexation of the railroad right-of-way…”

Comm. for Sandy Springs, Georgia, Inc. v. Cleland, 708 F. Supp. 1289 (N.D. Ga. 1988). “§ 36-36-1, et seq., and it is the intent of the Committee to apply either for independent incorporation or for annexation by the City of Roswell.”

Signa Dev. Corp. v. Fayette Cnty., 375 S.E.2d 839 (Ga. 1989). · cites it 2× “Despite active opposition to the annexation of Signa’s 908 acres and five other tracts of land totaling 835 acres, the City of Fayetteville annexed the approximately 1700 acres under the “100% method,” OCGA §§ 36-36-1 and 36-36-2, on November 2, 1987.”

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