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Call Now: 904-383-7448It 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.)
- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
- 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).
- 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).
- 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.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2017-06-05
Citation: 301 Ga. 367, 801 S.E.2d 1, 2017 WL 2414629, 2017 Ga. LEXIS 453
Snippet: annexing contiguous areas and some language in OCGA § 36-36-50 could be read as limiting all annexations to contiguous
Court: Supreme Court of Georgia | Date Filed: 1998-10-26
Citation: 508 S.E.2d 161, 270 Ga. 183, 98 Fulton County D. Rep. 3558, 1998 Ga. LEXIS 996
Snippet: 100% method”); 36-36-30 (“the 60% method”); and 36-36-50 (“the majority method”). The annexation powers
Court: Supreme Court of Georgia | Date Filed: 1997-02-03
Citation: 480 S.E.2d 186, 267 Ga. 485, 97 Fulton County D. Rep. 355, 1997 Ga. LEXIS 36
Snippet: Georgia Constitution of 1983. In my opinion, OCGA § 36-36-50 is a general law which limits annexation, whether