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2018 Georgia Code 36-36-37 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-37 Case Law from Google Scholar Amendments to OCGA 36-36-37

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

36-36-37. Adoption of annexing ordinance.

  1. If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.
  2. The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.

(Ga. L. 1966, p. 409, § 4; Code 1981, §36-36-27; Code 1981, §36-36-37, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Law reviews.

- For annual survey of local government law, see 56 Mercer L. Rev. 351 (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 Riverdale v. Clayton County, 263 Ga. App. 672, 588 S.E.2d 845 (2003).

Cases Citing O.C.G.A. § 36-36-37

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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

...Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation. OCGA § 36-36-37 says: If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area pro...
...is chapter, whichever is applicable, have been met. Atlanta also suggests that other, non-timing-related statutes governing annexation indicate that territory is annexed as soon as an annexation ordinance is signed. For example, Atlanta cites OCGA § 36-36-37 (a), which says in part that an area “may be annexed to the municipal corporation by the adoption of an annexing ordinance.” There is no indication, however, that the annexation is effective as soon as the ordinance is adopted; instea...