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2018 Georgia Code 36-36-50 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-36-50 Case Law from Google Scholar Amendments to OCGA 36-36-50

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 4 ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM

36-36-50. Purpose of article.

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 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corporation in this state, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.

(Ga. L. 1970, p. 426, § 10;Code 1981, §36-36-40; Code 1981, §36-36-50, as redesignated by Ga. L. 1992, p. 2592, § 3.)

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 O.C.G.A. §§ 36-36-50 and36-36-61 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.

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