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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.

Cases Citing O.C.G.A. § 36-36-50

Total Results: 3  |  Sort by: Relevance  |  Newest First

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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

...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 read as limiting all annexations to contiguous areas....
...f adjoining landowners, OCGA §§ 36-36-30 to 36-36-40; and (3) the “Resolution and Referendum method,” by which a municipality may, on its own initiative, annex contiguous lands meeting certain requirements, by resolution and referendum, OCGA §§ 36-36-50 to 36-36-61. Id....
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City of Centerville v. City of Warner Robins, 508 S.E.2d 161 (Ga. 1998).

Cited 14 times | Published | Supreme Court of Georgia | Oct 26, 1998 | 270 Ga. 183, 98 Fulton County D. Rep. 3558

...However, consistent with the 1954 Home Rule Act (Ga. Const. (1983), Art. IX, Sec. II, Par. II), the General Assembly has enacted statutes that delegate a limited power of annexation to municipalities. See OCGA §§ 36-36-20 ("the 100% method"); 36-36-30 ("the 60% method"); and 36-36-50 ("the majority method")....
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City of Fort Oglethorpe v. Boger, 480 S.E.2d 186 (Ga. 1997).

Cited 10 times | Published | Supreme Court of Georgia | Feb 3, 1997 | 267 Ga. 485, 97 Fulton County D. Rep. 355

...See also Lee v. City of Jesup, 222 Ga. 530, 531(1), 150 S.E.2d 836 (1966) (state constitution gives legislature power to alter municipal boundaries and Home Rule Act, OCGA § 36-35-1 et seq., does not limit that power). Plaintiffs assert that OCGA § 36-36-50 [3] demonstrates the General Assembly's intent to be bound by a contiguity requirement....
...Our state constitution provides, in relevant part, that "no local or special law shall be enacted in any case for which provision has been made by an existing general law...." Art. III, Sec. VI, Par. IV(a) of the Georgia *188 Constitution of 1983. In my opinion, OCGA § 36-36-50 is a general law which limits annexation, whether by the municipality or the General Assembly, to contiguous areas....
...618, 623(1), 19 S.E.2d 508 (1942). "What the constitution seeks to do is to prevent the creation of special laws giving any one community any more rights or privileges than another...." DeJarnette v. Hosp. Auth. of Albany, 195 Ga. 189, 202(4), 23 S.E.2d 716 (1942). OCGA § 36-36-50 provides: "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....
...supplied.) It is clear that this general law does not preclude the General Assembly from annexing areas into a municipality by local legislation. Ballentine v. Willingham, 237 Ga. 60(1), 226 S.E.2d 593 (1976). The question is, however, whether OCGA § 36-36-50 precludes the annexation of noncontiguous areas into a municipality by local legislation. OCGA § 36-36-50 serves as a preclusion on the annexation of noncontiguous areas into a municipality by local legislation, if that statute constitutes a public policy determination that only contiguous areas may be annexed into a municipality. The majority holds that OCGA § 36-36-50 cannot be construed as a preclusion on the General Assembly's power to annex noncontiguous property into a municipality....
...eral Assembly of its power to do likewise. If the General Assembly considered its power to annex to be plenary, then there would be no necessity for the General Assembly to specify that its power to annex contiguous areas would be unaffected by OCGA § 36-36-50. The General Assembly would simply have stated that enactment of OCGA § 36-36-50 would not affect or restrict its plenary authority to legislate with regard to municipal annexation. It cannot be presumed that the General Assembly intended that the word "contiguous" as employed in OCGA § 36-36-50 be without meaning. Houston v. Lowes of Savannah, Inc., 235 Ga. 201, 203, 219 S.E.2d 115 (1975). While it is true that OCGA § 36-36-50 is merely a statement of the purpose of Article VI of Title 36, Art....
...If such a law is not exhaustive and fails to reach every minute element of the subject dealt with, the remedy, and the only constitutional remedy for a more exhaustive legislative treatment, is by amendment of the general law by a general enactment. City of Atlanta v. Hudgins, supra at 623(1), 19 S.E.2d 508. OCGA § 36-36-50 covers the field or subject of annexation by the General Assembly and intimates that only contiguous areas are to be annexed. Accordingly, I believe that OCGA § 36-36-50 should be construed as a general law limiting the General Assembly to annexation of contiguous areas into municipalities by local laws. Accordingly, I respectfully dissent to the majority's reversal of the trial court's declaration that Ga. L.1984, p. 5109 is an unconstitutional local law in contravention of OCGA § 36-36-50....
...Gossett, 261 Ga. 307(1), 404 S.E.2d 561 (1991) (declaratory judgment is inappropriate where both appellants and appellees seek declaration that statute is unconstitutional). [2] See OCGA § 36-36-21; OCGA § 36-36-32; OCGA § 36-36-54; OCGA § 36-36-92. [3] OCGA § 36-36-50 provides, in part: 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....