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2018 Georgia Code 36-36-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-4 Case Law from Google Scholar Amendments to OCGA 36-36-4

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 1 GENERAL PROVISIONS

36-36-4. Creation of unincorporated islands prohibited; authorization to provide services or functions.

  1. The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this subsection shall be prohibited:
    1. Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;
    2. Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
    3. Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.
  2. When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions.For purposes of this subsection, "unincorporated island" shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90.
  3. The prohibition contained in subsection (a) of this Code section shall not apply to a local Act providing for deannexation of territory from a municipality that would create an unincorporated island where another local Act annexing the same territory into another municipality takes effect on the same date as the local Act providing for deannexation of such territory.

(Code 1981, §36-36-4, enacted by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 2; Ga. L. 2015, p. 1345, § 1/HB 432.)

The 2015 amendment, effective May 12, 2015, added subsection (c).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "subsection" was substituted for "Code section" in subsection (a), and "subsection" was substituted for "subparagraph" in subsection (b).

Law reviews.

- For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005); and 58 Mercer L. Rev. 267 (2006). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005); and 58 Mercer L. Rev. 477 (2006).

JUDICIAL DECISIONS

Annexation not improper.

- Strip of land excepted from annexation by a city was excepted not in an effort to evade the "entire parcel" requirement of O.C.G.A. § 36-36-20(a)(2), but to annex the property without creating an unincorporated island in violation of O.C.G.A. § 36-36-4(a); there was no showing that the landowner subdivided the property to evade the requirements of O.C.G.A. § 36-36-20(a)(2), and the appellate court affirmed a trial court's refusal to enter a judgment declaring that a city's annexation was null and void, declining to reach a finding that would, in effect, have left the landowner no way of having the landowner's property annexed. Fayette County v. Steele, 268 Ga. App. 13, 601 S.E.2d 403 (2004).

By annexing a portion of a larger unincorporated area that was already qualified as an "unincorporated island," a city did not "create" a newly-formed unincorporated island in violation of O.C.G.A. § 36-36-4(a)(1), but simply reduced the size of a previously-existing island. Calloway v. City of Fayetteville, 296 Ga. App. 200, 674 S.E.2d 66 (2009).

Annexation challenge rendered moot by city's annexation of additional property.

- Taxpayer's challenge to a city's 2007 annexation of property based on the creation of an illegal unincorporated island within the new municipal boundaries, in violation of O.C.G.A. § 36-36-4, was moot under O.C.G.A. § 5-6-48(b)(3) because the city later remedied the violation by also annexing the unincorporated island. Scarbrough Group v. Worley, 290 Ga. 234, 719 S.E.2d 430 (2011).

Cases Citing O.C.G.A. § 36-36-4

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Scarbrough Grp. v. Worley, 290 Ga. 234 (Ga. 2011).

Cited 32 times | Published | Supreme Court of Georgia | Nov 21, 2011 | 719 S.E.2d 430, 2011 Fulton County D. Rep. 3604

...City’s subsequent re-zoning of the annexed property. A year later, Worley amended his complaint to seek to enjoin the enforcement or application of the annexation ordinance on the ground that the annexation was ultra vires because it violated OCGA § 36-36-4 by creating a 35-acre “island” of unincorporated Fayette County within the new corporate limits of the City.2 Appellants were permitted to intervene in July 2008 and sought dismissal of Worley’s amended complaint based on his purported lack of standing....
...ding that Worley’s status as a citizen-taxpayer gave him standing to seek injunctive relief if the City’s action was beyond its power or authority, the trial court allowed Worley to pursue injunctive relief based on the alleged violation of OCGA § 36-36-4 brought about by the 2007 annexation’s creation of the unincorporated island....
...of the 100% method of annexation. Worley appealed to the Court of Appeals which reversed the trial *236court’s judgment and held that Worley was entitled to summary judgment because the 2007 annexation’s creation of the island prohibited by OCGA § 36-36-4 rendered the 2007 annexation void from its inception and therefore incapable of being rendered moot by the 2008 annexation....
...337 (2) (155 SE2d 395) (1967) (Richmond County’s failure to publish pre-election notice as required by statute vitiated the election). In the case at bar, the 2007 annexation was deficient because it created an unincorporated island within the City, a result prohibited by OCGA § 36-36-4....
...upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed.” OCGA § 36-36-4 (a) prohibits annexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;....