25 LC 47 3326S
House Bill 155 (COMMITTEE SUBSTITUTE)
By: Representatives Anderson of the 10
th
, LaHood of the 175
th
, Cannon of the 172
nd
, Thomas
of the 21
st
, Cox of the 28
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,
1
relating to procedure for resolving annexation disputes, so as to revise procedures for the2
selection and objection to arbitrators; to revise how arbitration panels report their findings3
and recommendations; to revise provisions relating to compensation of arbitrators; to provide4
for related matters; to provide an effective date; to repeal conflicting laws; and for other5
purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to9
procedure for resolving annexation disputes, is amended by revising Code Section10
36-36-114, relating to arbitration panel, composition and membership, assistance in11
formulating record, and regulation, as follows:12
"36-36-114.13
(a) Not later than the fifteenth calendar
twentieth business day following the date that the14
department received the first receives an objection of a proposed annexation as provided15
for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed16
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by the department using the selection process detailed as provided in subsection (c) of this17
Code section.18
(b)(1) The arbitration panel shall be composed of five members to be selected as19
provided in this subsection. The department shall develop and maintain three pools of20
potential arbitrators, comprised as follows:21
(A) One one pool which consists of persons who are currently or within the previous22
six years have been municipal elected officials, managers, or administrators;23
(B) One one pool which consists of persons who are currently or within the previous24
six years have been county elected officials, managers, or administrators; and25
(C) One one pool which consists of persons with a master's degree or higher in public26
administration or planning and who are currently employed by an institution of higher27
learning in this state, other than the Carl Vinson Institute of Government of the28
University of Georgia.29
(2) Each The pool shall be sufficiently large to ensure as nearly as practicable that no30
person shall be required to serve on more than four panels in any one calendar year and31
serve on no more than one panel in any given county in any one calendar year.32
(3) The department is authorized to coordinate with the Georgia Municipal Association,33
the Association County Commissioners of Georgia, the Council of Local Governments,34
and similar organizations in developing and maintaining such pools.35
(c)(1) Within 15 business days of the date that the department first receives an objection36
of a proposed annexation as provided for in Code Section 36-36-113, Upon receiving37
notice of a disputed annexation, the department shall choose at random four names38
submit to the county and municipal corporations a list of 11 potential arbitrators39
consisting of four potential arbitrators randomly selected by the department from the pool40
of municipal officials, four names potential arbitrators randomly selected by the41
department from the pool of county officials, and three names potential arbitrators42
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randomly selected by the department from the pool of academics; provided, however, that43
the department shall ensure that none of such selections shall include a person who:44
(A) Is is a resident of the county which has interposed the objection or any municipal45
corporation located wholly or partially in such county,;46
(B) Actively seeks employment in the county which has interposed the objection or47
any municipal corporation located wholly or partially in such county;48
(C) Is or has been employed within the preceding six years by the county which has49
interposed the objection or any municipal corporation located wholly or partially in50
such county; or51
(D) Has and further provided that none of such selections shall include a person who52
has already served on four other arbitration panels in the then-current calendar year.53
(2) Until noon on the twentieth business day following the date that the department54
receives the notice of disputed annexation:55
(A) The municipal corporation shall be permitted to strike or excuse up to two of the56
names chosen four arbitrators that were randomly selected by the department from the57
county officials pool by submitting written notice of any such strikes to the department;58
(B) The the county shall be permitted to strike or excuse up to two of the names chosen59
four arbitrators that were randomly selected by the department from the municipal60
officials pool by submitting written notice of any such strikes to the department; and61
(C) The the county and municipal corporation corporations shall each be permitted to62
strike or excuse one of the names chosen three arbitrators that were randomly selected63
by the department from the academic pool by submitting written notice of any such64
strikes to the department.65
(3) At the close of the period for permitted strikes as allowed in paragraph (2) of this66
subsection, the department shall finalize the arbitration panel for the given annexation67
dispute by appointing:68
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(A) Two arbitrators among from the county officials subset identified in69
subparagraph (A) of paragraph (2) of this subsection who were not stricken;70
(B) Two arbitrators from the municipal officials subset identified in subparagraph (B)71
of paragraph (2) of this subsection who were not stricken; and72
(C) One arbitrator from the academic subset identified in subparagraph (C) of73
paragraph (2) of this subsection who was not stricken.74
(4) In the event that more than the required number of arbitrators remains within any75
given subset, the department shall randomly appoint the number of arbitrators needed for76
such subset from among those arbitrators remaining within such subset.77
(5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to78
which he or she has been appointed pursuant to paragraph (3) of this subsection, the79
department shall randomly appoint a new arbitrator to such panel by randomly selecting80
an eligible arbitrator from the specific pool of arbitrators from which the original81
arbitrator was randomly selected under paragraph (1) of this subsection; provided,82
however, that such new arbitrator shall not have been previously stricken by the county83
or municipality.84
(d) Prior to being eligible to serve on any of the three pools, persons interested in serving85
on such panels shall receive joint training in alternative dispute resolution together with86
zoning and land use training, which may be designed and overseen by the Carl Vinson87
Institute of Government of the University of Georgia in conjunction with the Association88
County Commissioners of Georgia and the Georgia Municipal Association, provided such89
training is available. Provided that the General Assembly appropriates sufficient funds in90
an applicable fiscal year, the Carl Vinson Institute of Government of the University of91
Georgia shall provide at least one training program per year to train new potential panel92
members.93
(e) At the time any person is selected to serve on a panel for any particular annexation94
dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will95
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faithfully perform my duties as an arbitrator in a fair and impartial manner without favor
96
or affection to any party, and that I have not and will not have any ex parte communication97
regarding the facts and circumstances of the matters to be determined, other than98
communications with my fellow arbitrators, and will only consider, in making my99
determination, those matters which may lawfully come before me.'100
(f) The department shall develop and maintain a list of court reporters and hearing officers101
that may be employed by the department at the request of an arbitration panel to assist the102
panel in formulating the record before the panel. An arbitration panel may by majority103
vote of its members elect to employ court reporters and hearing officers from such list. 104
Any costs or charges related to the employment of court reporters and hearing officers105
pursuant to this subsection shall be evenly divided between the city and the county.106
(g) The department shall promulgate rules and regulations to provide for uniform107
procedures and operations of arbitration panels established pursuant to this article.108
Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative109
Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to110
the chairperson of the House Governmental Affairs Committee and the Senate Committee111
on State and Local Government Operations."112
SECTION 2.113
Said article is further amended by revising Code Section 36-36-115, relating to meetings of114
arbitration panel, duties, findings and recommendations, and compensation, as follows:115
"36-36-115.116
(a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall117
meet as soon after appointment as practicable and shall receive evidence and argument118
from the municipal corporation, the county, and the applicant or property owner and119
shall by majority vote render a decision which shall be binding on all parties to the120
dispute as provided for in this article not later than 60 days following such appointment,121
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provided that the chairperson of the arbitration panel shall be authorized to extend such
122
deadline one time for a period of up to ten business days.
; provided, however, that123
Notwithstanding anything in this subparagraph to the contrary, the municipal124
corporation and county may by mutual agreement, postpone the arbitration procession125
for a period of up to 180 days to negotiate a potential settlement, and such126
postponement shall stay the 60 day deadline provided herein.127
(B) Meetings of the panel may occur in person, virtually, or via teleconference. The128
meetings of the panel in which evidence is submitted or arguments of the parties are129
made, whether such meeting is in person, virtual, or via teleconference, shall be open130
to the public pursuant to Chapter 14 of Title 50.131
(C) The panel shall first determine the validity of the grounds for objection as specified132
in the objection. If an objection involves the financial impact on the county as a result133
of a change in zoning or land use or the provision of maintenance of infrastructure, the134
panel shall quantify such impact in terms of cost. As to any objection which the panel135
has determined to be valid, the panel, in its findings, may establish reasonable zoning,136
land use, or density conditions applicable to the annexation and propose any reasonable137
mitigating measures as to an objection pertaining to infrastructure demands.138
(2) In arriving at its determination, the panel shall consider:139
(A) The existing comprehensive land use plans of both the county and city;140
(B) The existing land use patterns in the area of the subject property;141
(C) The existing zoning patterns in the area of the subject property;142
(D) Each jurisdiction's provision of infrastructure to the area of the subject property143
and to the areas in the vicinity of the subject property;144
(E) Whether the county has approved similar changes in intensity or allowable uses on145
similar developments in other unincorporated areas of the county;146
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(F) Whether the county has approved similar developments in other unincorporated
147
areas of the county which have a similar impact on infrastructure as complained of by148
the county in its objection; and149
(G) Whether the infrastructure or capital outlay project which is claimed adversely150
impacted by the county in its objection was funded by a county-wide tax.151
(3) The county shall provide supporting evidence that its objection is consistent with its152
land use plan and the pattern of existing land uses and zonings in the area of the subject153
property, which may include, but not be limited to, adopted planning documents and154
capital or infrastructure plans.155
(4) The cost of the arbitration shall be equally divided between the city and the county;156
provided, however, that if the panel determines that any party has advanced a position157
that is not valid, the costs shall be borne by the party or parties that have advanced such158
position.159
(5) The reasonable costs of participation in the arbitration process of the property owner160
or owners whose property is at issue shall be borne by the county and the city in the same161
proportion as costs are apportioned under paragraph (4) of this subsection.162
(6) The panel shall deliver its written
findings and recommendations to the parties and163
the department by verifiable delivery. The written findings and recommendations shall164
include a signed statement for each panel member as to whether or not he or she voted165
in support of or against such findings and recommendations. The department shall166
maintain a data base and record of arbitration panel results and at least annually publish167
a report on such decisions and make such report freely available on the department's168
website.169
(b) If the decision of the panel contains zoning, land use, or density conditions, the170
findings and recommendations of the panel shall be recorded in the deed records of the171
county with a caption describing the name of the current owner of the property, recording172
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reference of the current owner's acquisition deed and a general description of the property,
173
and plainly showing the expiration date of any restrictions or conditions.174
(c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and175
recommendations but may be reconvened as provided in Code Section 36-36-116.176
(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the177
members of the arbitration panel shall receive the same per diem, expenses, and allowances178
for their service on the panel as authorized by law for members of the General Assembly179
plus $100.00 in total for all days of service for serving on an arbitration panel
.180
(e) If the panel so agrees, any one or more additional annexation disputes which may arise181
between the parties prior to the panel's initial meeting may be consolidated for the purpose182
of judicial economy if there are similar issues of location or similar objections raised to183
such other annexations or the property to be annexed in such other annexations is184
within 2,500 feet of the subject property."185
SECTION 3.186
This Act shall become effective on January 1, 2026.187
SECTION 4.188
All laws and parts of laws in conflict with this Act are repealed.189
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