ARTICLE 4 ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM

36-36-52. Definitions.

As used in this article, the term:

"Contiguous area" means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.

"Used for residential purposes" refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.

(Ga. L. 1970, p. 426, § 8; Code 1981, §36-36-42; Code 1981, §36-36-52, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Editor's notes.

- Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-42 as present Code Section 36-36-52.

JUDICIAL DECISIONS

Authority to pass local Acts.

- Provisions of Ga. L. 1970, p. 426, § 1 et seq. (see O.C.G.A. § 36-36-50 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).

Cited in City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 53 et seq.

C.J.S.

- 62 C.J.S., Municipal Corporations, § 63 et seq.

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TITLE 36 LOCAL GOVERNMENT

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