Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 36-36-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-2 Case Law from Google Scholar Amendments to OCGA 36-36-2

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 1 GENERAL PROVISIONS

36-36-2. Effective date of annexation.

  1. Except as provided in subsection (c) of this Code section, all annexation other than by local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met.
  2. Except as provided in subsection (c) of this Code section, annexation by local Act shall become effective for ad valorem tax purposes on December 31 of the year in which such local Act is approved by the Governor or becomes law without such approval and for all other purposes shall become effective at the time such local Act becomes effective or such later date as provided in such local Act.
    1. Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment.
    2. Unless otherwise agreed in writing by a county governing authority and the municipal governing authority, where property zoned and used for commercial purposes is annexed into a municipality with an independent school system, the effective date for the purposes of ad valorem taxes levied for educational purposes shall be December 31 of the year after the year in which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met.

(Code 1981, §36-36-2, enacted by Ga. L. 1992, p. 2592, § 3; Ga. L. 1996, p. 192, § 1; Ga. L. 1998, p. 856, § 1; Ga. L. 2004, p. 69, § 16.)

Editor's notes.

- Ga. L. 2004, p. 69, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Taxation, Financing, and Service Delivery Revision Act of 2004.'"

Law reviews.

- For article on 2004 amendment of this Code section, see 21 Ga. St. U.L. Rev. 226 (2004).

JUDICIAL DECISIONS

Annexations properly invalidated.

- Judgment invalidating the City of Atlanta's attempted annexation of five areas was affirmed because the trial court correctly held that the annexations were invalid since at the time the annexations would have become effective, the areas in question were already part of the newly incorporated City of South Fulton and, thus, ineligible for annexation by Atlanta. City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Municipal government may not create rules that make annexations effective prior to the time annexations are made effective by O.C.G.A. § 36-36-2. 1998 Op. Att'y Gen. No. U98-1.

Cases Citing Georgia Code 36-36-2 From Courtlistener.com

Total Results: 3

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: statutory provision altering the rule. OCGA § 36-36-2 (a) sets the effective date of annexations done

Signa Development Corp. v. Fayette County

Court: Supreme Court of Georgia | Date Filed: 1989-02-02

Citation: 259 Ga. 11, 375 S.E.2d 839

Snippet: acres under the “100% method,” OCGA §§ 36-36-1 and 36-36-2, on November 2, 1987. Signa was issued a permit

Carroll County v. City of Bremen

Court: Supreme Court of Georgia | Date Filed: 1986-09-04

Citation: 347 S.E.2d 598, 256 Ga. 281, 1986 Ga. LEXIS 796

Snippet: landowners, that is, the *282 YMCA, pursuant to OCGA § 36-36-2. On October 21, 1985, the City of Mount Zion adopted