O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-71-10 (2019)

Appeal of fee determination; arbitration

✓ 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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(a) A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project. (b) A developer may pay a development impact fee under protest in order to obtain a development approval or building permit, as the case may be. A developer making such payment shall not be estopped from exercising the right of appeal provided by this chapter, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected. (c) A municipality or county development impact fee ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise.

History

Code 1981, § 36-71-10, enacted by Ga. L. 1990, p. 692, § 1.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2002–2026 · leading case: Bryan Cnty. v. Yates Paving & Grading Co., 554 S.E.2d 584 (Ga. Ct. App. 2002).
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Bryan Cnty. v. Yates Paving & Grading Co., 554 S.E.2d 584 (Ga. Ct. App. 2002). · cites it 2× “9 See OCGA §§ 36-71-10 (c) (a county impact fee ordinance may provide for resolution of fee disputes by arbitration); 48-5-24 (c) (1) (B) and 48-5-311 (f) (taxpayer not required to pay additional interest on unpaid taxes if, inter alia, the assessment is determined through…”
Henry Cnty. v. Greater Atlanta Home Builders Ass'n, Inc. (Ga. Ct. App. 2026). · cites it 10× “Pursuant to OCGA § 36-71-10(a), a “county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project.”…”
— 36-71-10(a) — 1 case
Henry Cnty. v. Greater Atlanta Home Builders Ass'n, Inc. (Ga. Ct. App. 2026). “Pursuant to OCGA § 36-71-10(a), a “county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project.”…”
— 36-71-10(b) — 1 case
Henry Cnty. v. Greater Atlanta Home Builders Ass'n, Inc. (Ga. Ct. App. 2026). “Pursuant to OCGA § 36-71-10(a), a “county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project.”…”
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.