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2018 Georgia Code 36-36-10 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 1 GENERAL PROVISIONS

36-36-10. Legislative intent.

It is the express intent of the General Assembly in enacting the provisions of this chapter to provide for alternative methods for annexing or deannexing an area or areas into or from the corporate limits of a municipality. Except as otherwise expressly provided in this chapter, no provision of this chapter relating to annexation or deannexation by any such alternate method is intended to or shall be construed to in any way restrict, limit, or otherwise impair the authority of the General Assembly to annex or deannex by local Act.

(Code 1981, §36-36-10, enacted by Ga. L. 1997, p. 540, § 1.)

JUDICIAL DECISIONS

Constitutionality.

- Provisions of former O.C.G.A. §§ 36-70-24(4)(c) and36-36-11, pertaining to the establishment of a dispute resolution process when a bona fide land use dispute arises between a city and county over the use of land which is the subject of annexation, do not violate Ga. Const. 1983 Art. IX, Sec. II, Par. IV. Higdon v. City of Senoia, 273 Ga. 83, 538 S.E.2d 39 (2000)(decided prior to 2004 amendment of O.C.G.A. §§ 36-70-24 and36-36-11).

Authority of municipality to annex during referendum process.

- Trial court properly held that a municipality did not have the authority under O.C.G.A. § 36-36-21 to annex land that the Georgia General Assembly designated for annexation to another municipality, subject to a referendum, before the referendum took place; thus, a city was prohibited from attempting to annex property during the referendum process. City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).

Municipality without authority to annex land during referendum process.

- Municipality does not have the authority pursuant to O.C.G.A. § 36-36-21 to annex land that the Georgia General Assembly has designated for annexation to another municipality, subject to a referendum, before the referendum takes place. City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).

Georgia General Assembly did not intend the alternative methods of annexation under O.C.G.A. § 36-36-10 to establish a system for municipalities to race the legislature to annex land that it already had designated for annexation under local law. City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).

Cited in City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

Cases Citing Georgia Code 36-36-10 From Courtlistener.com

Total Results: 2

City of Atlanta v. Mays

Court: Supreme Court of Georgia | Date Filed: 2017-06-05

Citation: 301 Ga. 367, 801 S.E.2d 1, 2017 WL 2414629, 2017 Ga. LEXIS 453

Snippet: to them by the General Assembly Indeed, OCGA § 36-36-10 ensures that the Municipal Annexation Statutes

Higdon v. City of Senoia

Court: Supreme Court of Georgia | Date Filed: 2000-10-30

Citation: 538 S.E.2d 39, 273 Ga. 83, 2000 Fulton County D. Rep. 4020, 2000 Ga. LEXIS 819

Snippet: the legislative statements of intent. In OCGA § 36-36-10, the General Assembly explained the governmental