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2018 Georgia Code 36-36-30 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 3 ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS

36-36-30. "Municipal corporation" defined.

As used in this article, the term "municipal corporation" means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.

(Ga. L. 1966, p. 409, § 7; Code 1981, §36-36-20; Code 1981, §36-36-30, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Editor's notes.

- Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-20 as present Code Section 36-36-30.

JUDICIAL DECISIONS

City failed to comply with publishing requirements.

- Trial court properly granted summary judgment in favor of a county because the city failed to publish a notice as required by O.C.G.A. § 36-36-36(a) that accurately described the property to be annexed; thus, the city failed to comply, or to substantially comply, with the requirements of that statute. City of Lovejoy v. Clayton County, 335 Ga. App. 881, 783 S.E.2d 395 (2016).

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).

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, §§ 24, 25.

Cases Citing O.C.G.A. § 36-36-30

Total Results: 2  |  Sort by: Relevance  |  Newest First

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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

...upon application by all the owners of the land, with certain exceptions, OCGA §§ 36-36-20 to 36-36-23; (2) the “60% method,” by which a municipality may annex adjoining land upon application by a minimum of 60% of adjoining landowners, OCGA §§ 36-36-30 to 36-36-40; and (3) the “Resolution and Referendum method,” by which a municipality may, on its own initiative, annex contiguous lands meeting certain requirements, by resolution and referendum, OCGA §§ 36-36-50 to 36-36-61. Id....
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City of Centerville v. City of Warner Robins, 508 S.E.2d 161 (Ga. 1998).

Cited 14 times | Published | Supreme Court of Georgia | Oct 26, 1998 | 270 Ga. 183, 98 Fulton County D. Rep. 3558

...See id. However, consistent with the 1954 Home Rule Act (Ga. Const. (1983), Art. IX, Sec. II, Par. II), the General Assembly has enacted statutes that delegate a limited power of annexation to municipalities. See OCGA §§ 36-36-20 ("the 100% method"); 36-36-30 ("the 60% method"); and 36-36-50 ("the majority method")....