O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section
Annotations
Law reviews. - For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
JUDICIAL DECISIONS
Authority to pass local Acts. - Provisions of Ga. L. 1970, p. 426, § 10 et seq. (see now O.C.G.A. §§ 36-36-50 and 36-36-61 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).
Authority to annex noncontiguous property. - Since the authority of the General Assembly to annex municipal property is limited only by the state and federal constitutions, the General Assembly's annexation of municipal property which was not contiguous to lands owned by a city was valid, and, therefore, the city's annexation of property which was contiguous to that property was also valid. City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).
OPINIONS OF THE ATTORNEY GENERAL
Annexation by local Act. - There is evidence of intent on part of General Assembly to retain authority to alter municipal boundaries through local Acts. 1975 Op. Att'y Gen. No. U75-59.
Notes of Decisions
City of Fort Oglethorpe v. Boger, 480 S.E.2d 186 (Ga. 1997).
· cites it 56× “Plaintiffs assert that OCGA § 36-36-50 [3] demonstrates the General Assembly's intent to be bound by a contiguity requirement.”
City of Atlanta v. Mays, 801 S.E.2d 1 (Ga. 2017).
· cites it 4× “485 ( 267 SE2d 186 ) (1997), the Court held that the General Assembly’s annexation of a non-contiguous area into the City of Fort Oglethorpe by local act was valid even though municipalities are limited to annexing contiguous areas and some language in OCGA § 36-36-50 could be…”
City of Brookhaven Et Al. v. City of Chamblee, 765 S.E.2d 33 (Ga. Ct. App. 2014).
· cites it 2× “ns, 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…”
H-B Props., Ltd. v. City of Roswell, 545 S.E.2d 37 (Ga. Ct. App. 2001).
· cites it 4× “The City decided to annex the land by resolution and referendum in accordance with the requirements set forth in OCGA §§ 36-36-50 through 36-36-61. The City directed the preparation of a survey plat showing the area to be annexed.”
City of Atlanta v. Mays, No. S17A0629 (Ga. June 5, 2017).
· cites it 4× “ree alternative methods: (1) the “100% method,” by which a municipality may annex adjoining land upon application by all the owners of the land, with certain exceptions, OCGA §§ 36-36-50 to 36-36-23; (2) the “60% method,” by which a municipality may annex adjoining land upon…”
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