O.C.G.A.
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.
(a) 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.
(b) 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.
History
Code 1981, § 36-36-16, enacted by Ga. L. 1996, p. 192, § 2; Ga. L. 2002, p. 985, § 4.
Annotations
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).
ARTICLE 2 ANNEXATION PURSUANT TO APPLICATION BY 100 PERCENT OF LANDOWNERS
Cross references. - Time limit for reannexing property which has been
deannexed by the General Assembly, § 36-35-2(b).
Notes of Decisions
City of Atlanta v. Mays, 801 S.E.2d 1 (Ga. 2017).
· cites it 4× “The only express limitation the legislature has placed on its own *377 authority to annex by local act is OCGA § 36-36-16, which does not apply to this case.”
City of Brookhaven Et Al. v. City of Chamblee, 765 S.E.2d 33 (Ga. Ct. App. 2014).
· cites it 6× “4 See also OCGA § 36-36-16. 2. In this case, the General Assembly exercised its authority to annex by local act by designating a particular tract of land for annexation by Chamblee and by providing that the electors in the Annexation Area would vote on the issue in a referendum.”
H-B Props., Ltd. v. City of Roswell, 545 S.E.2d 37 (Ga. Ct. App. 2001).
· cites it 2× “They point out that the annexation, if upheld, is effective as of December 1, 1999, while the local legislation is effective on April 19, 2000, thus, at a minimum, presenting a difference in determining year 2000 ad valorem taxes.”
City of Atlanta v. Mays (Ga. 2017).
· cites it 4× “The only express limitation the legislature has placed on its own authority to 18 annex by local act is OCGA § 36-36-16, which does not apply to this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.