Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-36-1 Applicability of article
0.3K chars
The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly. History. — Code 1981, § 36-36-1, enacted by Ga. L. 1992, p. 2592, § 3. 36-36-2. Effective date of annexation.
O.C.G.A. § 36-36-10 Legislative intent
0.6K chars
It is the express intent of the General Assembly in enacting the provisions of this chapter to provide for alternative methods for annexing or deannexing an area or areas into or from the corporate limits of a municipality. Except as otherwise expressly provided in this chapter, …
O.C.G.A. § 36-36-11 Applicability of article
2.9K chars
Effective date of annexation. Report identifying annexed property; maps and surveys; technical assistance to municipalities; preclearance. Creation of unincorporated islands prohibited; authorization to provide services or functions. Restriction on annexation of unincorporated is…
O.C.G.A. § 36-36-110 Applicability
0.2K chars
The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly. History. — Code 1981, § 36-36-110, enacted by Ga. L. 2007, p. 292, § 2/HB 2.
O.C.G.A. § 36-36-111 Notice of annexation
0.6K chars
Upon receipt of a petition of annexation, a municipal corporation shall notify the governing authority of the county in which the territory to be annexed is located by certified mail or by statutory overnight delivery. Such notice shall include a copy of the annexation petition w…
O.C.G.A. § 36-36-112 Prohibition on a change in zoning or land use
0.7K chars
If no objection is received as provided in Code Section 36-36-113, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation the municipal corporation shall not change the zoning or land use plan relating to the annexed prop…
O.C.G.A. § 36-36-113 Objection to annexation; grounds and procedures
2.0K chars
(a) The county governing authority may by majority vote object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following: (1) The proposed change in zoning or land use; (2) Proposed increase in density; and (3)…
O.C.G.A. § 36-36-114 Arbitration panel; composition and membership
3.3K chars
(a) Not later than the fifteenth calendar day following the date the municipal corporation received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section. (b) The arbitration panel shall be composed of…
O.C.G.A. § 36-36-116 Appeal
1.1K chars
The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel’s findings and recommendations. The sole grounds …
O.C.G.A. § 36-36-118 Abandonment of proposed annexation; remedies for violations of conditions
0.1K chars
36-36-119. Good faith negotiations; written agreement governing terms of annexation. 646 T.36, C.36 ANNEXATION OF TERRITORY
O.C.G.A. § 36-36-119 Good faith negotiations; written agreement governing terms of annexation
0.8K chars
The county, the municipal governing authorities, and the property owner or owners shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. If such agreement is reached…
O.C.G.A. § 36-36-16 Procedures for annexation; referendum
0.9K chars
(a) Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article. (b) Such bill may include a requirement for referendum appro…
O.C.G.A. § 36-36-2 Effective date of annexation
1.9K chars
(a) Except as provided in subsection (c) of this Code section, all annexation other than by local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first…
O.C.G.A. § 36-36-23 Annexation by a municipal corporation into an adjoining county
3.2K chars
(a) Annexation pursuant to this article by a municipal corporation into an adjoining county in which the municipality is not already located shall be accomplished in accordance with this Code section. Within ten business days of receiving an application for annexation, the munici…
O.C.G.A. § 36-36-33 Annexation across county boundary lines prohibited
0.4K chars
There shall be no annexation across the boundary lines of any county under this article. History. — Ga. L. 1966, p. 409, § 5; Ga. L. 1971, p. 399, § 1; Ga. L. 1976, p. 1011, § 2; Code 1981, § 36-36-23; Code 1981, § 36-36-33, as redesignated by Ga. L. 1992, p. 2592, § 3. Editor’s …
O.C.G.A. § 36-36-37 Adoption of annexing ordinance
0.7K chars
(a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of t…
O.C.G.A. § 36-36-5 Restriction on annexation of unincorporated islands
1.7K chars
Reserved. Repealed by Ga. L. 2000, p. 164, § 3, effective March 17, 2000. Editor’s notes. — This Code section was based on Code 1981, § 36-36-5, enacted by Ga. L. 1992, p. 2592, § 3. 36-36-6. Notice by municipal governing authority to county governing authority of proposed annexa…
O.C.G.A. § 36-36-50 Purpose of article
0.8K chars
It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 36-36-54. This article is not intended to affect or restrict the p…
O.C.G.A. § 36-36-51 Legislative declaration of policy
1.2K chars
It is declared to be the policy in this state: (1) That municipal corporations are created for the purpose of providing local governmental services and for ensuring the health, safety, and welfare of persons and the protection of property in areas being used primarily for residen…
O.C.G.A. § 36-36-52 Definitions
0.9K chars
As used in this article, the term: (1) ‘‘Contiguous area’’ means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the …
O.C.G.A. § 36-36-53 Authorization of annexation generally
0.5K chars
The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures p…
O.C.G.A. § 36-36-60 Purpose of article
1.2K chars
Legislative declaration of policy. Definitions. Authorization of annexation generally. Standards and requirements for area proposed to be annexed. Determination of compliance with standards and requirements; review of determination by superior court. Plans and report for extensio…
O.C.G.A. § 36-36-61 Restriction on applicability of article
0.5K chars
This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation. History. — Ga…
O.C.G.A. § 36-36-8 Effect of annexation upon utility service agreements
0.2K chars
No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on July 1, 1992, except by mutual written consent. History. — Code 1981, § 36-36-8, enacted by Ga. L. 1992, p. 2592, § 3.
O.C.G.A. § 36-36-90 Definitions
1.8K chars
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 w…
O.C.G.A. § 36-36-92 Definitions
0.2K chars
Area included in determining aggregate external boundary. Annexation of unincorporated islands; procedures; provision of municipal services. Article 7 Procedure for Resolving Annexation Disputes 36-36-110. Applicability.