GA Code § 36-36-21 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 36 - Annexation of Territory|Article 2 - Annexation Pursuant to Application by 100 Percent of Landowners|§ 36-36-21. Annexation Upon Application of All Land Owners; Filing of Identification of Annexed Property With Department of Community Affairs and County Governing Authority; Effect of Annexation

 Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. 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. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation.    (Ga. L. 1962, p. 119, § 1; Ga. L. 1969, p. 504, § 1; Code 1981, §36-36-2; Code 1981, §36-36-21, as redesignated by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 6.)   Law reviews.   - For article questioning the constitutionality of this Code section, see 10 Ga. L. Rev. 169 (1975). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For comment, "Hamlets: Expanding the Fair Share Doctrine Under Strict Home Rule Constitutions," see 49 Emory L.J. 255 (2000).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Land Subject to Annexation   Whole Parcels of Land    OPINIONS OF THE ATTORNEY GENERAL    It is necessary for owner of road to sign or consent to petition  for annexation; neither the State Transportation Board nor the commissioner of transportation has authority to consent for such annexation. 1969 Op. Att'y Gen. No. 69-81.   Property of one owner must abut directly upon municipal boundary.    - Upon consideration of Ga. L. 1962, p. 119, § 2 (see now O.C.G.A. § 36-36-20), in conjunction with Ga. L. 1962, p. 119, § 1 (see now O.C.G.A. § 36-36-21), in order for a municipal corporation to annex property, at least one of the owners of the property to be annexed must have property which abuts directly on the municipal boundary, or which would otherwise abut directly on the municipal boundary except for the fact that the property is separated by a street, street right of way, creek, river, the right of way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state. Right of way for a state-aid road which is owned by the state would qualify as lands owned by the state. 1968 Op. Att'y Gen. No. 68-49.   Annexation of state park.   - Municipality must have specific legislative approval to annex state park. 1968 Op. Att'y Gen. No. 68-211.    Consent referred to in this section  would have to come from the General Assembly. 1968 Op. Att'y Gen. No. 68-211.   Signing of petition.   - Neither State Highway Board (now State Transportation Board) nor director of State Highway Department (now commissioner of transportation) has authority to sign petition for annexation of right of way of state-aid road as part of the corporate limits of a municipality of this state. 1968 Op. Att'y Gen. No. 68-217.   Requirements for inclusion of boundary street in annexation ordinance.   - Under the particular annexation ordinances adopted by a city, in which one boundary of the area to be annexed is a public street, such public street is not itself included within the corporate boundaries unless the annexation ordinance specifically includes the street within such boundaries, and the city police are not authorized to patrol or to make cases on any such street which lies outside the municipal boundary. 1975 Op. Att'y Gen. No. U75-64.   "Owners" includes transferors of deeds to secure debt.   - This section providing for the annexation of certain lands includes within "owners" the transferors of deeds to secure debt, rather than the grantees in such deeds. 1972 Op. Att'y Gen. No. U72-105.    Use of adjective "public" preceding "streets"  necessarily applies to other ways mentioned. 1974 Op. Att'y Gen. No. U74-75.    Filing of copy of annexation ordinance  with Secretary of State is for informational purposes only. 1981 Op. Att'y Gen. No. 81-21.   Requirement that copy of annexation ordinance be filed with Secretary of State is ancillary to annexation procedure rather than integral. 1981 Op. Att'y Gen. No. 81-21.    Time of filing ordinance does not affect time annexation takes effect. Municipal annexation of property takes effect even though filing of copy of ordinance with Secretary of State, as required by O.C.G.A. § 36-36-21, is delayed or omitted. 1981 Op. Att'y Gen. No. 81-21.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 38 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 60 et seq., 73, 74, 80.   ALR.    - Power to extend boundaries of municipal corporations, 64 A.L.R. 1335.    Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.    Power to detach land from municipal corporations, towns, or villages, 117 A.L.R. 267.   Capacity to attack the fixing or extension of municipal limits or boundary, 13 A.L.R.2d 1279, 17 A.L.R.5th 195.   What zoning regulations are applicable to territory annexed to a municipality, 41 A.L.R.2d 1463.   Zoning: validity and construction of provisions of zoning statute or ordinance regarding protest by neighboring property owners, 7 A.L.R.4th 732.   Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 A.L.R.5th 195.