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2018 Georgia Code 36-36-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-16 Case Law from Google Scholar Amendments to OCGA 36-36-16

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 1A ANNEXATION BY LOCAL ACT OF THE GENERAL ASSEMBLY

36-36-16. Procedures for annexation; referendum.

  1. Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article.
  2. Such bill may include a requirement for referendum approval of the annexation under such terms and conditions as specified in such local law; provided, however, if the number of residents in the area to be annexed exceeds 3 percent of the population of the municipal corporation or 500 people, whichever is less, as determined by the most recent United States decennial census, referendum approval shall be required in the area to be annexed. The cost of holding the referendum required by this article shall be paid from funds of the municipality proposing the annexation.

(Code 1981, §36-36-16, enacted by Ga. L. 1996, p. 192, § 2; Ga. L. 2002, p. 985, § 4.)

JUDICIAL DECISIONS

Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

Cases Citing O.C.G.A. § 36-36-16

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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

...all be construed to in any way restrict, limit, or otherwise impair the authority of the General Assembly to annex or deannex by local Act. The only express limitation the legislature has placed on its own *377authority to annex by local act is OCGA § 36-36-16, which does not apply to this case.15 Furthermore, this Court has squarely held that the Municipal Annexation Statutes do not limit the General Assembly’s power to control the boundaries of cities....
...y the terms of Section 7.14 the act would “thereafter be void and of no effect,” rendering the Communities (and the rest of South Fulton’s territory) again unincorporated and subject to annexation by Atlanta or any other bordering city. OCGA § 36-36-16, which was enacted in 1996, requires 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 Gene...