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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-10 Case Law from Google Scholar Amendments to OCGA 36-36-10

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 O.C.G.A. § 36-36-10

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Higdon v. City of Senoia, 538 S.E.2d 39 (Ga. 2000).

Cited 33 times | Published | Supreme Court of Georgia | Oct 30, 2000 | 273 Ga. 83, 2000 Fulton County D. Rep. 4020

...All statutes are presumed to be enacted with full knowledge of existing *43 law and their meaning and effect is to be determined with reference to the constitution as well as other statutes and decisions of the courts. Plantation Pipe Line, supra. In this case, we are guided by the legislative statements of intent. In OCGA § 36-36-10, the General Assembly explained the governmental interest furthered by OCGA § 36-36-11: 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....
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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

...272, 274-275 (507 SE2d 460) (1998). However, the field that the Municipal Annexation Statutes occupy is not how all city boundaries are established, but rather only how the boundaries of existing cities may be changed by those cities under the limited annexation powers delegated to them by the General Assembly Indeed, OCGA § 36-36-10 ensures that the Municipal Annexation Statutes cannot be misinterpreted to limit the General Assembly’s primary power over annexation, saying: Except as otherwise expressly provided in this chapter, no provision of this chapter relatin...
...9 Ga. App. at 346. The act also provided for a referendum election on the annexation. See id. After the act was signed but before the referendum could take place, Brookhaven attempted to annex part of the Annexation Area. See id. at 349. Citing OCGA § 36-36-10, the Court of Appeals correctly concluded that Brookhaven could not annex land out of the Annexation Area, concluding that “the General Assembly did not intend the alternative methods of annexation to establish a system for municipalities to race the legislature to annex land that it already has designated for annexation under local law.” Id. at 352. Perhaps recognizing that OCGA § 36-36-10 and the related annexation precedents are fatal to its case, Atlanta asserts that the issue here is not annexation but incorporation....