O.C.G.A.

O.C.G.A. § 36-36-90 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this article, the term:

(1) ‘‘Contiguous area’’ means any unincorporated area which, on or after January 1, 1999, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered ‘‘contiguous’’ if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:

(A) Any street or street right of way;

(B) Any creek or river; or

(2) ‘‘Municipal corporation’’ means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.

(3) ‘‘Unincorporated island’’ means:

(A) An unincorporated area in existence on January 1, 1991, with its aggregate external boundaries abutting the annexing municipality;

(B) An unincorporated area in existence as of January 1, 1991, with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or

(C) An unincorporated area in existence as of January 1, 1991, which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.

History

Code 1981, § 36-36-90, enacted by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 11.

Annotations

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

Notes of Decisions

Cited in 5 cases, 1994–2010 · leading case: Worley v. Peachtree City, 699 S.E.2d 94 (Ga. Ct. App. 2010).

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Worley v. Peachtree City, 699 S.E.2d 94 (Ga. Ct. App. 2010). · cites it 10× “at 201-202 (1), (2); OCGA § 36-36-90 et seq. The only issue here is whether the preexisting unincorporated area at issue in this case meets the definition of a preexisting unincorporated island.”

Calloway v. City of Fayetteville, 674 S.E.2d 66 (Ga. Ct. App. 2009). · cites it 8× “Accordingly, the parties agree that Calloway’s land was part of a larger “unincorporated island” as that term was defined in OCGA § 36-36-90 (3) (A). On July 6, 2007, the City sent Calloway a letter, in which it notified him that the City had initiated the process to annex his…”

Culpepper v. City of Cordele, 443 S.E.2d 642 (Ga. Ct. App. 1994). · cites it 8× “OCGA §§ 36-36-90 through 36-36-92. Culpepper claims that two of the unincorporated areas annexed by the ordinance — the two unincorporated areas in which her parcels of land were located — could not be lawfully annexed by city ordinance as “unincorporated islands” pursuant to…”

City of Fort Oglethorpe v. Boger, 480 S.E.2d 186 (Ga. 1997). · cites it 2× “See generally OCGA § 36-36-20; OCGA § 36-36-31; OCGA § 36-36-90. Inasmuch as the property annexed by the City is separated from the Market Place Mall property by the width of Cloud Springs Road only, it is a "contiguous area.”

City of Smyrna v. Adams, 565 S.E.2d 606 (Ga. Ct. App. 2002). · cites it 2× “OCGA § 36-36-90 (1), (3). In other words, the Code allows cities, under certain circumstances, to annex parcels of unincorporated land that are completely surrounded by the city.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.