TITLE 36 LOCAL GOVERNMENT

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ARTICLE 4 ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM

36-36-54. Standards and requirements for area proposed to be annexed.

A municipal governing body may extend the municipal corporate limits to include any area:
1. Which meets the general standards of subsection (b) of this Code section; and
2. Every part of which meets the requirements of either subsection (c) or subsection (d) of this Code section.
The total area to be annexed must meet the following standards on the date of the adoption of the resolution:
1. It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun;
2. At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary;
3. No part of the area shall be included within the boundary of another municipal corporation or county; and
4. No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 36-36-57, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation proposing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 36-36-56. Where contracts exist between counties and municipal corporations, both government entities must agree by mutual consent prior to annexation.
Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which, on the date of the adoption of the annexation resolution, has a total resident population equal to at least two persons for each acre of land included within its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size.
In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipal corporation without extending services and water and sewer lines through the sparsely developed area and, if such area is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c) of this Code section.
In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practical, include within the municipal corporation land on both sides of the street; such outside boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.

(Ga. L. 1970, p. 426, § 4; Code 1981, §36-36-44; Code 1981, §36-36-54, as redesignated by Ga. L. 1992, p. 2592, § 3.)

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).

Amount of land annexed.

- Removal of a small portion of the land to be annexed to a city did not void the county's approval with respect to the remaining land. H-B Props., Ltd. v. City of Roswell, 247 Ga. App. 851, 545 S.E.2d 37 (2001).

Boundaries of annexed area.

- Annexed territory need conform to suggested boundaries only "whenever practical," which indicates that such limitations on the establishment of boundaries are more directory than mandatory; thus, the fact that the boundaries of an annexed area did not correspond to natural topographic features and that a portion of the annexed area bounded by two roads did not encompass both sides of the street did not violate the statute as the annexation boundaries were based on voting precincts, which satisfied practical concerns with regard to identifying persons eligible to vote in the referendum and also a desire to annex land by neighborhoods. H-B Props., Ltd. v. City of Roswell, 247 Ga. App. 851, 545 S.E.2d 37 (2001).

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, § 49 et seq.

C.J.S.

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

ALR.

- What land is contiguous or adjacent to municipality so as to be subject to annexation, 49 A.L.R.3d 589.

Cases Citing Georgia Code 36-36-54 From Courtlistener.com
Total Results: 1
City of Fort Oglethorpe v. Boger
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: unconstitutional). See OCGA §§ 36-36-21; 36-36-32; 36-36-54; 36-36-92. OCGA § 36-36-50 provides, in part:

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