reglab/housing_qa huggingface dataset:
GA Code § 36-36-36 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 3 - Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors|§ 36-36-36. Requirement of Public Hearing; Notice of Time and Place; Persons Entitled to Be Heard; Right of Property Owner to Withdraw Consent

  The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the governing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation.   At the public hearing all persons resident or owning property in the municipal corporation or in the area proposed for annexation may be heard on the question of the annexation of the area by the municipal corporation.   Any property owner or elector may withdraw his consent in writing postmarked or received within three business days after the public hearing required by this Code section.     (Ga. L. 1966, p. 409, § 3; Code 1981, §36-36-26; Code 1981, §36-36-36, as redesignated by Ga. L. 1992, p. 2592, § 3.)   OPINIONS OF THE ATTORNEY GENERAL    Landowners may withdraw their consent to any annexation  petition at any time through the date of public hearing on such petition. If these withdrawals result in a reduction of the percentage of the land represented below 60 percent of the total area of land to be annexed, the petition is thereby invalidated and the municipality into which the land was to be annexed has no authority to continue with the annexation. 1975 Op. Att'y Gen. No. U75-62.   Method of withdrawing signatures from petition.   - Landowners wishing to withdraw their signatures from petitions requesting that a municipality annex a certain area may do so by timely notifying the governing authorities of the municipality in any manner reasonably calculated to inform those authorities of their decision to do so. 1975 Op. Att'y Gen. No. U75-66.   RESEARCH REFERENCES   ALR.    - Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.   What constitutes newspaper of "general circulation" within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.
GA Code § 36-36-37 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 3 - Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors|§ 36-36-37. Adoption of Annexing Ordinance

  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 the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.   The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.     (Ga. L. 1966, p. 409, § 4; Code 1981, §36-36-27; Code 1981, §36-36-37, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Law reviews.   - For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).   JUDICIAL DECISIONS   Annexations properly invalidated.    - Judgment invalidating the City of Atlanta's attempted annexation of five areas was affirmed because the trial court correctly held that the annexations were invalid since at the time the annexations would have become effective, the areas in question were already part of the newly incorporated City of South Fulton and, thus, ineligible for annexation by Atlanta. City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).    Cited in City of Riverdale v. Clayton County, 263 Ga. App. 672, 588 S.E.2d 845 (2003).
GA Code § 36-36-38 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 3 - Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors|§ 36-36-38. Filing of Identification of Annexed Property With County and Department of Community Affairs; Applicability of Municipal Ad Valorem Taxes to Annexed Territory; Effect of Annexation

  When an application pursuant to Code Section 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, an identification of the annexed property shall be filed with the Department of Community Affairs and with the county in which the property is located in accordance with Code Section 36-36-3.   Municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year.   When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly.     (Ga. L. 1966, p. 409, § 7; Code 1981, §36-36-28; Code 1981, §36-36-38, as redesignated by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 9.)   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 85 et seq., 104 et seq.
GA Code § 36-36-39 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 3 - Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors|§ 36-36-39. Filing of Petition for Declaratory Judgment to Determine Validity of Annexation; Judicial Review

  Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon.Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.   The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.   Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.   Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.     (Ga. L. 1966, p. 409, § 9; Code 1981, §36-36-29; Code 1981, §36-36-39, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Editor's notes.   - Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-29 as present Code Section 36-36-39.   JUDICIAL DECISIONS    Boards of education do not come within category of persons barred from attacking ordinances after 30 days. Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 178 S.E.2d 868 (1970); City of Marietta v. Cobb County Sch. Dist., 237 Ga. 518, 228 S.E.2d 894 (1976).   Annexations properly invalidated.    - Judgment invalidating the City of Atlanta's attempted annexation of five areas was affirmed because the trial court correctly held that the annexations were invalid since at the time the annexations would have become effective, the areas in question were already part of the newly incorporated City of South Fulton and, thus, ineligible for annexation by Atlanta. City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).    Cited in City of Lovejoy v. Clayton County, 335 Ga. App. 881, 783 S.E.2d 395 (2016).   RESEARCH REFERENCES   C.J.S.   - 26 C.J.S., Declaratory Judgments, §§ 99, 100.   ALR.   - Proper remedy or procedure for attacking legality of proceedings annexing territory to municipal corporation, 18 A.L.R.2d 1255.
GA Code § 36-36-40 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 3 - Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors|§ 36-36-40. Use of Municipally Owned Utilities by Residents of Annexed Territory

 Nothing within this article shall prohibit the municipal corporation from requiring the residents of the newly annexed area to use utilities owned by the municipal corporation when they are available.    (Ga. L. 1966, p. 409, § 8; Code 1981, §36-36-30; Code 1981, §36-36-40, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Editor's notes.   - Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-30 as present Code Section 36-36-40.   JUDICIAL DECISIONS    City may under proper authority annex territory under conditions applicable only to newly annexed territory. City of Midway v. Midway Nursing & Convalescent Ctr., Inc., 230 Ga. 77, 195 S.E.2d 452 (1973).    Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).   RESEARCH REFERENCES   ALR.    - Duty of public utility to duplicate service, 52 A.L.R. 1111.
GA Code § 36-36-50 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-50. Purpose of Article

 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 present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corporation in this state, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.    (Ga. L. 1970, p. 426, § 10;Code 1981, §36-36-40; Code 1981, §36-36-50, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Law reviews.   - For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).   JUDICIAL DECISIONS   Authority to pass local Acts.    - Provisions of Ga. L. 1970, p. 426, § 10 et seq. (see now O.C.G.A. §§ 36-36-50 and36-36-61 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).   Authority to annex noncontiguous property.    - Since the authority of the General Assembly to annex municipal property is limited only by the state and federal constitutions, the General Assembly's annexation of municipal property which was not contiguous to lands owned by a city was valid, and, therefore, the city's annexation of property which was contiguous to that property was also valid. City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).   OPINIONS OF THE ATTORNEY GENERAL   Annexation by local Act.   - There is evidence of intent on part of General Assembly to retain authority to alter municipal boundaries through local Acts. 1975 Op. Att'y Gen. No. U75-59.
GA Code § 36-36-51 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-51. Legislative Declaration of Policy

 It is declared to be the policy in this state:    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 residential, commercial, industrial, and institutional purposes;   That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;   That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and   That any areas included within municipal boundaries under this article should receive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries.     (Ga. L. 1970, p. 426, § 1; Ga. L. 1971, p. 398, § 1; Code 1981, §36-36-41; Code 1981, §36-36-51, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Editor's notes.   - Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-41 as present Code Section 36-36-51.   JUDICIAL DECISIONS    Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 1, 31 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 57.
GA Code § 36-36-52 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-52. Definitions

 As used in this article, the term:    "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 right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.   "Used for residential purposes" refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.     (Ga. L. 1970, p. 426, § 8; Code 1981, §36-36-42; Code 1981, §36-36-52, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Editor's notes.   - Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-42 as present Code Section 36-36-52.   JUDICIAL DECISIONS   Authority to pass local Acts.    - Provisions of Ga. L. 1970, p. 426, § 1 et seq. (see now O.C.G.A. § 36-36-50 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).    Cited in City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 53 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 63 et seq.
GA Code § 36-36-53 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-53. Authorization of Annexation Generally

 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 provided in Article 1 of this chapter.    (Ga. L. 1970, p. 426, § 2; Ga. L. 1971, p. 398, § 2; Code 1981, §36-36-43; Code 1981, §36-36-53, as redesignated by Ga. L. 1992, p. 2592, § 3.)   Law reviews.   - For article suggesting that Ga. L. 1970, p. 426 (see now O.C.G.A. § 36-36-40 et seq.) is not a satisfactory vehicle for urban annexation, see 10 Ga. L. Rev. 169 (1975).   JUDICIAL DECISIONS   Authority to pass local Acts.    - Provisions of Ga. L. 1970, p. 426, § 1 et seq. (see now O.C.G.A. § 36-36-50 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 35 et seq., 40, 44, 62.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 57, 59.   ALR.    - Facts warranting extension or reduction of municipal boundaries, 62 A.L.R. 1011.    Power to extend boundaries of municipal corporations, 64 A.L.R. 1335.   Capacity to attack the fixing or extension of municipal limits or boundary, 13 A.L.R.2d 1279, 17 A.L.R.5th 195.   Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 A.L.R.5th 195.
GA Code § 36-36-55 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-55. Determination of Compliance With Standards and Requirements; Review of Determination by Superior Court

 In determining population and degree of land subdivision for purposes of meeting the requirements of Code Section 36-36-54, the municipal corporation shall use methods calculated to provide reasonably accurate results. In determining, on appeal to the superior court, whether the standards set forth in Code Section 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:    As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in the area or in the county or counties of which the area is a part, as determined by the last preceding federal census or based on a new enumeration carried out under reasonable rules and regulations by the annexing municipal corporation, provided that the court shall not accept such estimates if the petitioner on appeal demonstrates that the estimates are in error in the amount of 10 percent or more;   As to total area, if the estimate is based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioner on appeal demonstrates that the estimates are in error in the amount of 5 percent or more; and   As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable source, unless the petitioner on appeal shows that the estimates are in error in the amount of 5 percent or more.     (Ga. L. 1970, p. 426, § 9; Code 1981, §36-36-45; Code 1981, §36-36-55, as redesignated by Ga. L. 1992, p. 2592, § 3.)
GA Code § 36-36-57 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 4 - Annexation Pursuant to Resolution and Referendum|§ 36-36-57. Adoption of Annexation Resolution by Municipal Corporation; Contents of Resolutions; Approval, Availability, and Distribution of Report Relating to Extension of Services; Conduct of Public Hearing

  Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing.   At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 36-36-56 and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution.   At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.     (Ga. L. 1970, p. 426, § 5; Code 1981, §36-36-47; Code 1981, §36-36-57, as redesignated by Ga. L. 1992, p. 2592, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 58 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 73 et seq.   ALR.    - Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.   What constitutes newspaper of "general circulation" within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.