Facts insufficient to void Act creating new county.

- The facts that: (1) county line not fixed according to agreement of citizens; or (2) election of county officers by Act was void; or (3) that change of county line affected school districts were not sufficient to declare an Act creating a new county void. Clements v. Powell, 155 Ga. 278, 116 S.E. 624 (1923).

Act creating county valid. Moore v. Smith, 140 Ga. 854, 79 S.E. 1116 (1913); Fordham v. Sikes, 141 Ga. 469, 81 S.E. 208 (1914).

Valid change of county line.

- This paragraph was not violated by former Ga. L. 1909, p. 152, permitting change of county lines within the limits of incorporated towns and cities. Manson v. City of College Park, 131 Ga. 429, 62 S.E. 278 (1908) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Ga. L. 1911, p. 183, authorizing change of county lines between contiguous counties of a certain population, was void. Worth County v. Crisp County, 139 Ga. 117, 76 S.E. 747 (1912).

Valid Acts changing county lines, see County of DeKalb v. City of Atlanta, 132 Ga. 727, 65 S.E. 72 (1909); Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918).

Editor's notes.

- In light of the similarity of the provisions, decisions under former Ga. Const. 1976, Art. IX, Sec. I, Para. V and antecedent provisions, which provided that no county site could be changed or removed except upon two-thirds vote of the county electorate and majority vote of the General Assembly, are included in the annotations for this paragraph.

Purpose of paragraph and sections.

- This paragraph, and former Civil Code 1910, §§ 468-471 (see now O.C.G.A. §§ 36-3-1 through36-3-4), enacted in pursuance thereof, were designated to prevent the transfer of a few acres, or residences from one county to another by legislative Act. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918); Aultman v. Hodge, 150 Ga. 370, 104 S.E. 1 (1920) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Does not apply to administrative facilities.

- This paragraph relates to change or removal from such site of the courthouse, courts, and the places of transacting official business of the county, but not to administrative facilities such as jails. Jackson v. Gasses, 230 Ga. 712, 198 S.E.2d 657 (1973) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Amount of land to be transferred is within the discretion of the officers, subject to the limitations to this paragraph. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Work of changing county lines is political or legislative rather than judicial in nature. Aultman v. Hodge, 147 Ga. 626, 95 S.E. 297 (1918).

Paragraph violated.

- This paragraph was violated by an Act which provided that the assent of two-thirds of the qualified voters of the county shall be necessary to authorize the removal of a county site. Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Paragraph not violated.

- Ga. L. 1923, p. 218, which removed the site of Camden County, did not violate this paragraph. Bachlott v. Buie, 158 Ga. 705, 124 S.E. 339 (1924); Clements v. Bostwick, 158 Ga. 906, 124 S.E. 719 (1924) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Ga. L. 1923, p. 216, which provided for removal of a named county site from one town to another one, did not violate this paragraph. Orr v. James, 159 Ga. 237, 125 S.E. 468 (1924) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Presumption arises that the election favored a change before the Act was passed. Cutcher v. Crawford, 105 Ga. 180, 31 S.E. 139 (1898); Barrett v. Ashmore, 137 Ga. 545, 73 S.E. 825 (1912); Vornberg v. Dunn, 143 Ga. 111, 84 S.E. 370 (1915).

County board of commissioners is authorized to locate administrative offices and facilities outside county seat. Brewster v. Houston County, 235 Ga. 68, 218 S.E.2d 748 (1975).

There is no statutory prohibition against the sheriff maintaining offices in the county outside of the county site so long as the sheriff complies with the statute which requires the sheriff to maintain an office in the county site. Brewster v. Houston County, 235 Ga. 68, 218 S.E.2d 748 (1975).

Deliberation and voting on any issue must be conducted in the county site and citizens of the county must be afforded an opportunity to be heard at the county site as to any issue of county business. Brewster v. Houston County, 235 Ga. 68, 218 S.E.2d 748 (1975).

Editor's notes.

- Some of the cases appearing under this heading were decided under the 1976 Constitution (Art. IX, Sec. I, Para. XI) and antecedent provisions, which set out the procedure for consolidation, merger, or division of counties.

Voting requirements for merger.

- This paragraph of the Constitution provides that any county may be merged with a contiguous county by a two-thirds (now majority) vote of qualified electors of the merged county, voting at an election held for that purpose; it does not require that voters of a county in which another county is merged should ratify the act of merger. Hines v. Etheridge, 173 Ga. 870, 162 S.E. 113 (1931) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Provisions of the Constitution of this state must be construed together and as a whole; and must be so construed as not to render one provision void because of another provision; in construing Ga. Const. 1976, Art. VI, Sec. XVI, Para. I (see Ga. Const. 1983, Art. VI, Sec. I, Para. VII), and this paragraph, their meaning is that the legislature cannot abolish constitutional courts and constitutional officers where the purpose of the Act is to accomplish this alone; but, where the Constitution grants to the legislature the power to merge contiguous counties, which is done in conformity to the power, and where the merging Act has the incidental effect of superseding certain courts existing in the merged county by those of the county into which the merged county is absorbed, and of abolishing certain offices held under general provisions of the Constitution in the county absorbed, such merger Act is not unconstitutional and void because it is in conflict with the provision of the Constitution inhibiting the abolition of constitutional courts and officers. Hines v. Etheridge, 173 Ga. 870, 162 S.E. 113 (1931) (see Ga. Const. 1983, Art. IX, Sec. I, Para. II).

Merger of counties effective notwithstanding incidental effect of superseding, constitutional courts.

- It is the duty of the court to construe the constitutional provision providing for the merger of counties as conferring, by necessary implication, upon the legislature the power of enacting legislation for the merging of contiguous counties, although the incidental effect of such Acts may be to supersede constitutional courts and abolish constitutional officers existing in the counties merged at the dates when the merger Acts become effective. Hines v. Etheridge, 173 Ga. 870, 162 S.E. 113 (1931).

Altering boundaries of insolvent counties.

- The General Assembly may not alter boundaries of insolvent counties without approval of a majority of the voters in the counties affected. 1986 Op. Att'y. Gen. No. U86-3.

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 160 et seq.