O.C.G.A.

O.C.G.A. § 36-61-5 (2019)

Resolution of necessity prerequisite to exercise of powers

✓ 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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No municipality or county shall exercise any of the powers conferred upon municipalities and counties by this chapter until after its local governing body has adopted a resolution finding that:

(1) One or more pockets of blight exist in such municipality or county; and

(2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality or county.

History

Ga. L. 1955, p. 354, § 5; Ga. L. 2015, p. 1318, § 3/HB 174.

Annotations

JUDICIAL DECISIONS Under this section, it is not required that any evidence or proof be taken or considered but simply that a resolution be adopted. This can only mean that the officials concerned exercise the officials’ own judgment based upon what the officials know or believe and make

their findings. The very nature of matters required to be found by the resolution shows them not capable of being brought under judicial determination. Allen v. City Council, 215 Ga. 778, 113 S.E.2d 621 (1960).