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2018 Georgia Code 36-61-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-61-5 Case Law from Google Scholar Amendments to OCGA 36-61-5

TITLE 36 LOCAL GOVERNMENT

Chapter 61 information not found

ARTICLE 2 CLERKS OF GOVERNING AUTHORITIES OF MUNICIPALITIES

36-61-5. Resolution of necessity prerequisite to exercise of powers.

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.

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

The 2015 amendment, effective July 1, 2015, substituted "pockets of blight" for "slum areas" near the beginning of paragraph (1).

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) (see O.C.G.A. § 36-61-5).

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