reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-5 - Filing of charter amendments or revisions, notices, and affidavits; publication and distribution of amendments and revisions by Secretary of State

No amendment or revision of any charter made pursuant to this chapter shall become effective until a copy of the amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published, to the effect that the notice has been published as provided in this chapter, has been filed with the Secretary of State and in the office of the clerk of the superior court of the county of the legal situs of the municipal corporation. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-6 - Limitations on home rule powers

(a)
The power granted to municipal corporations in subsections (a) and (b) of Code Section
36-35-3
shall not be construed to extend to the following matters or to any other matters which the General Assembly by general law has preempted or may hereafter preempt; but such matters shall be the subject of general law or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under the Constitution:
(1)
Action affecting the composition and form of the municipal governing authority, the procedure for election or appointment of the members thereof, and the continuance in office and limitation thereon for such members, except as authorized in Chapter 2 of Title 21 or as provided in Code Section
36-35-4.1
;
(2)
(A)
Action defining any offense, which so defined, is also an offense under the criminal laws of Georgia;
(B)
Action providing for confinement in excess of six months; and
(C)
Action providing for fines and bond forfeitures in excess of $1,000.00;
(3)
Action adopting any form of taxation beyond that authorized by law or by the Constitution;
(4)
Action affecting the exercise of the power of eminent domain;
(5)
Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law or by the Constitution;
(6)
Action affecting the jurisdiction of any court; and
(7)
Action changing charter provisions relating to the establishment and operations of an independent school system.
(b)
The power granted in subsections (a) and (b) of Code Section
36-35-3
shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(c)
Nothing in this Code section shall affect Code Sections
36-35-4
and
36-35-5
.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-6.1 - Signs for privately owned businesses

A municipality shall be prohibited from restricting the use of any language other than English on signs for privately owned businesses. This Code section shall not restrict the municipality's right to enact any other restrictions on signs.
Renumbered from § 41-1-10 and amended by 2002 Ga. Laws 462, § 41, eff. 4/18/2002.
Added by 2001 Ga. Laws 368, §5.1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-7 - Provisions of chapter general law; enactment of local or special laws on subject matters covered by chapter; effect of chapter upon amendment of municipal charters

It is declared to be the intention of the General Assembly that the provisions of this chapter are general laws within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. No local or special laws shall be enacted on subject matters over which municipal corporations are authorized to act pursuant to this chapter. Any provision of any municipal charter heretofore enacted covering subject matters over which municipal corporations are authorized to act pursuant to this chapter shall be amended, modified, superseded, or repealed only in accordance with subsection (b) of Code Section
36-35-3
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-8 - Effect of conflict with Chapter 34

In the event of a conflict between this chapter and Chapter 34 of this title, this chapter shall control.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-1 - Applicability of article

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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-2 - Effective date of annexation

(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 day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met.
(b)
Except as provided in subsection (c) of this Code section, annexation by local Act shall become effective for ad valorem tax purposes on December 31 of the year in which such local Act is approved by the Governor or becomes law without such approval and for all other purposes shall become effective at the time such local Act becomes effective or such later date as provided in such local Act.
(c)
(1)
Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment.
(2)
Unless otherwise agreed in writing by a county governing authority and the municipal governing authority, where property zoned and used for commercial purposes is annexed into a municipality with an independent school system, the effective date for the purposes of ad valorem taxes levied for educational purposes shall be December 31 of the year after the year in which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met.
Amended by 2004 Ga. Laws 443, § 16, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-4 - Creation of unincorporated islands prohibited; authorization to provide services or functions

(a)
The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this subsection shall be prohibited:
(1)
Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;
(2)
Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3)
Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.
(b)
When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this subsection, "unincorporated island" shall have the same meaning as contained in paragraph (3) of Code Section
36-36-90
.
(c)
The prohibition contained in subsection (a) of this Code section shall not apply to a local Act providing for deannexation of territory from a municipality that would create an unincorporated island where another local Act annexing the same territory into another municipality takes effect on the same date as the local Act providing for deannexation of such territory.
Amended by 2015 Ga. Laws 217,§ 1, eff. 5/12/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-6 - Notice by municipal governing authority to county governing authority of proposed annexation

Upon accepting an application for annexation pursuant to Code Section
36-36-21
or a petition for annexation pursuant to Code Section
36-36-32
, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section
36-36-57
, the governing authority of the annexing municipality shall within 30 days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall be provided by the governing authority of the municipality to the governing authority of the county in which the property proposed to be annexed is located following the receipt of such notice by the governing authority of the municipality under subsection (b) of Code Section
28-1-14
.
Amended by 2022 Ga. Laws 785,§ 2, eff. 7/1/2022.
Amended by 2004 Ga. Laws 443, § 17, eff. 7/1/2004.
Amended by 2002 Ga. Laws 868, § 3, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-7 - Effect of annexation upon county owned property or facilities; notice; acquisition of property or facilities by municipality

(a)
Upon receiving notice of a proposed annexation pursuant to Code Section
36-36-6
, the county governing authority shall notify the governing authority of the municipality within five business days of receipt of such notice if any county owned public facilities are located in the area proposed to be annexed.
(b)
Except as otherwise provided in this Code section, ownership and control of county owned public properties and facilities are not diminished or otherwise affected by annexation of the area in which the county owned public property or facility is located.
(c)
Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and maintenance of such right of way unless the municipality and the county agree otherwise by joint resolution.
(d)
Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of the county as a result of the annexation, the annexing municipality shall be required to acquire said property from the county governing authority under the following conditions:
(1)
The annexation must be final;
(2)
The county property or facility must be funded by revenues derived from the unincorporated areas of the county and must be used to provide services solely to the unincorporated areas of the county;
(3)
The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and
(4)
Unless otherwise provided by mutual agreement, the county shall be compensated in an amount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and municipality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3) of this subsection, the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-8 - Effect of annexation upon utility service agreements

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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-9 - Notice to be sent by certified mail or statutory overnight delivery, return receipt requested

All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail or statutory overnight delivery, return receipt requested.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-10 - Legislative intent

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, no provision of this chapter relating to annexation or deannexation by any such alternate method is intended to or shall be construed to in any way restrict, limit, or otherwise impair the authority of the General Assembly to annex or deannex by local Act.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-15 - "Used for residential purposes" defined

As used in this article, the term "used for residential purposes" means any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 1 - GENERAL PROVISIONS (§§ 36-36-1 — 36-36-16) › Section 36-36-16 - Procedures for annexation; referendum

(a)
Local Acts of the General Assembly proposing annexation of any area composed 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 approval of the annexation under such terms and conditions as specified in such local law; provided, however, that if the number of residents in the area to be annexed exceeds 3 percent of the population of the municipal corporation or 500 people, whichever is less, as determined by the most recent United States decennial census, referendum approval shall be required in the area to be annexed. The cost of holding the referendum required by this article shall be paid from funds of the municipality proposing the annexation.
Amended by 2020 Ga. Laws 521,§ 36, eff. 7/29/2020.
Amended by 2002 Ga. Laws 868, § 4, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 2 - ANNEXATION PURSUANT TO APPLICATION BY 100 PERCENT OF LANDOWNERS (§§ 36-36-20 — 36-36-23) › Section 36-36-20 - "Contiguous area" defined

(a)
As used in this article, the term "contiguous area" means, at the time the annexation procedures are initiated, any area that meets the following conditions:
(1)
At least one-eighth of the aggregate external boundary or 50 feet of the area to be annexed, whichever is less, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of:
(A)
Any street or street right of way;
(B)
Any creek or river; or
(C)
Any right of way of a railroad or other public service corporation
which divides the municipal boundary and any area proposed to be annexed;
(2)
The entire parcel or parcels of real property owned by the person seeking annexation is being annexed; provided, however, that lots shall not be subdivided in an effort to evade the requirements of this paragraph; and
(3)
The private property annexed, excluding any right of way of a railroad or other public service corporation, complies with the annexing municipality's minimum size requirements, if any, to construct a building or structure occupiable by persons or property under the policies or regulations of the municipal development, zoning, or subdivision ordinances.
(b)
Notwithstanding the limitations of subsection (a) of this Code section, an area may be annexed by agreement between the municipal corporation and the governing body of the county in which the territory proposed to be annexed is located.
(c)
If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be annexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term "contiguous area" shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of:
(1)
Any street or street right of way;
(2)
Any creek or river; or
(3)
Any right of way of a railroad or other public service corporation
which divides the municipal boundary and any area proposed to be annexed.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 2 - ANNEXATION PURSUANT TO APPLICATION BY 100 PERCENT OF LANDOWNERS (§§ 36-36-20 — 36-36-23) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 2 - ANNEXATION PURSUANT TO APPLICATION BY 100 PERCENT OF LANDOWNERS (§§ 36-36-20 — 36-36-23) › Section 36-36-22 - Deannexation; authority; procedures; identification; status of lands

Authority is granted to the governing bodies of the several municipal corporations of this state to deannex an area or areas of the existing corporate limits thereof, 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 deannexed, containing a complete description of the lands to be deannexed and the adoption of a resolution by the governing authority of the county in which such property is located consenting to such deannexation. Lands to be deannexed 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, deannexed from the municipal corporation, an identification of the property so deannexed 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 deannexed, such lands shall cease to 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-30 - "Municipal corporation" defined

As used in this article, the term "municipal corporation" means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-31 - "Contiguous area" defined; determination of aggregate external boundary

(a)
As used in this article, the term "contiguous area" means any area of which at least one-eighth of the aggregate external boundary, at the time annexation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a "contiguous area" if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b)
For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-33 - Annexation across county boundary lines prohibited

There shall be no annexation across the boundary lines of any county under this article.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-34 - Determination of compliance with article; notice upon noncompliance; proceedings upon compliance

Whenever the governing body of a municipal corporation receives an application pursuant to Code Section
36-36-32
, it shall, after investigation, determine whether such application complies with the requirements of this article. If it is determined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the application is deficient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section
36-36-36
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-35 - Plans and report for extension of services to area proposed to be annexed

(a)
A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section
36-36-36
, shall prepare a report setting forth its plans to provide services to the area.
(b)
The report required in subsection (a) of this Code section shall include:
(1)
A map or maps of the municipality and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2)
A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c)
The plans required in subsection (a) of this Code section shall:
(1)
Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in the area under existing municipal policies for the extension of water lines; and
(2)
Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions.
(d)
The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section
36-36-36
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-36 - Requirement of public hearing; notice of time and place; persons entitled to be heard; right of property owner to withdraw consent

(a)
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. Written notice of the time and place of the hearing shall also be sent by mail to the mailing address reflected in the property tax records for each property owner whose property is in the area proposed for annexation. The written notice required under this subsection shall be mailed not less than 15 nor more than 45 days before the date of the hearing required by this subsection.
(b)
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.
(c)
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.
Amended by 2022 Ga. Laws 785,§ 3, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-37 - Adoption of annexing ordinance

(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 the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.
(b)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 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

(a)
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
.
(b)
Municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year.
(c)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 36-36-39 - Filing of petition for declaratory judgment to determine validity of annexation; judicial review

(a)
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.
(b)
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.
(c)
Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d)
Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 3 - ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS (§§ 36-36-30 — 36-36-40) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-51 - Legislative declaration of policy

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 residential, commercial, industrial, and institutional purposes;
(2)
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;
(3)
That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-52 - Definitions

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 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.
(2)
"Used for residential purposes" refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 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:
(1)
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;
(2)
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
(3)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-56 - Plans and report for extension of services to area proposed to be annexed

(a)
A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section
36-36-57
, shall prepare a report setting forth its plans to provide services to such area.
(b)
The report required in subsection (a) of this Code section shall include:
(1)
A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this subsection, and the general land use pattern in the area to be annexed;
(2)
A statement showing that the area to be annexed meets the requirements of Code Section
36-36-54
; and
(3)
A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c)
The plans required in subsection (a) of this Code section shall:
(1)
Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2)
Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;
(3)
If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4)
Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed.