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O.C.G.A. § 36-36-37 — Adoption of annexing ordinance | Georgia Code
O.C.G.A. § 36-36-37 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

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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).

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