25 HB 155/SCSFA
SENATE SUBSTITUTE TO HB 155
ADOPTED SENATE
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 amend4
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to5
appellate practice, and Chapter 66 of Title 36 of the Official Code of Georgia Annotated,6
relating to zoning procedures as pertaining to counties and municipal corporations, so as to7
provide for the appeal of superior court decisions on zoning decisions of counties and8
municipal corporations; to repeal provisions authorizing administrative officers to exercise9
zoning powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear10
and render decisions on applications for special administrative permits and conditional11
permits; to revise definitions; to amend Code Section 36-36-20 of the Official Code of12
Georgia Annotated, relating to "contiguous area" defined, so as to revise provisions for13
certain properties owned by municipalities; to provide for related matters; to provide for14
effective dates and applicability; to repeal conflicting laws; and for other purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
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PART I17
SECTION 1-1.18
Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to19
procedure for resolving annexation disputes, is amended by revising Code Section20
36-36-114, relating to arbitration panel, composition and membership, assistance in21
formulating record, and regulation, as follows:22
"36-36-114.23
(a) Not later than the fifteenth calendar twentieth business day following the date that the24
department received the first receives an objection of a proposed annexation as provided25
for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed26
by the department using the selection process detailed as provided in subsection (c) of this27
Code section.28
(b)(1) The arbitration panel shall be composed of five members to be selected as29
provided in this subsection. The department shall develop and maintain three pools of30
potential arbitrators, comprised as follows:31
(A) One one pool which consists of persons who are currently or within the previous32
six years have been municipal elected officials, managers, or administrators;33
(B) One one pool which consists of persons who are currently or within the previous34
six years have been county elected officials, managers, or administrators; and35
(C) One one pool which consists of persons with a master's degree or higher in public36
administration or planning and who are currently employed by an institution of higher37
learning in this state, other than the Carl Vinson Institute of Government of the38
University of Georgia.39
(2) Each The pool shall be sufficiently large to ensure as nearly as practicable that no40
person shall be required to serve on more than four panels in any one calendar year and41
serve on no more than one panel in any given county in any one calendar year.42
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(3) The department is authorized to coordinate with the Georgia Municipal Association,43
the Association County Commissioners of Georgia, the Council of Local Governments,44
and similar organizations in developing and maintaining such pools.45
(c)(1) Within 15 business days of the date that the department first receives an objection46
of a proposed annexation as provided for in Code Section 36-36-113, Upon receiving47
notice of a disputed annexation, the department shall choose at random four names48
submit to the county and municipal corporations a list of 11 potential arbitrators49
consisting of four potential arbitrators randomly selected by the department from the pool50
of municipal officials, four names potential arbitrators randomly selected by the51
department from the pool of county officials, and three names potential arbitrators52
randomly selected by the department from the pool of academics; provided, however, that53
the department shall ensure that none of such selections shall include a person who:54
(A) Is is a resident of the county which has interposed the objection or any municipal55
corporation located wholly or partially in such county,;56
(B) Actively seeks employment in the county which has interposed the objection or57
any municipal corporation located wholly or partially in such county;58
(C) Is or has been employed within the preceding six years by the county which has59
interposed the objection or any municipal corporation located wholly or partially in60
such county; or61
(D) Has and further provided that none of such selections shall include a person who62
has already served on four other arbitration panels in the then-current calendar year.63
(2) Until noon on the twentieth business day following the date that the department64
receives the notice of disputed annexation:65
(A) The municipal corporation shall be permitted to strike or excuse up to two of the66
names chosen four arbitrators that were randomly selected by the department from the67
county officials pool by submitting written notice of any such strikes to the department;68
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(B) The the county shall be permitted to strike or excuse up to two of the names chosen69
four arbitrators that were randomly selected by the department from the municipal70
officials pool by submitting written notice of any such strikes to the department; and71
(C) The the county and municipal corporation corporations shall each be permitted to72
strike or excuse one of the names chosen three arbitrators that were randomly selected73
by the department from the academic pool by submitting written notice of any such74
strikes to the department.75
(3) At the close of the period for permitted strikes as allowed in paragraph (2) of this76
subsection, the department shall finalize the arbitration panel for the given annexation77
dispute by appointing:78
(A) Two arbitrators from the county officials subset identified in subparagraph (A) of79
paragraph (2) of this subsection who were not stricken;80
(B) Two arbitrators from the municipal officials subset identified in subparagraph (B)81
of paragraph (2) of this subsection who were not stricken; and82
(C) One arbitrator from the academic subset identified in subparagraph (C) of83
paragraph (2) of this subsection who was not stricken.84
(4) In the event that more than the required number of arbitrators remains within any85
given subset, the department shall randomly appoint the number of arbitrators needed for86
such subset from among those arbitrators remaining within such subset.87
(5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to88
which he or she has been appointed pursuant to paragraph (3) of this subsection, the89
department shall randomly appoint a new arbitrator to such panel by randomly selecting90
an eligible arbitrator from the specific pool of arbitrators from which the original91
arbitrator was randomly selected under paragraph (1) of this subsection; provided,92
however, that such new arbitrator shall not have been previously stricken by the county93
or municipality.94
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(d) Prior to being eligible to serve on any of the three pools, persons interested in serving95
on such panels shall receive joint training in alternative dispute resolution together with96
zoning and land use training, which may be designed and overseen by the Carl Vinson97
Institute of Government of the University of Georgia in conjunction with the Association98
County Commissioners of Georgia and the Georgia Municipal Association, provided such99
training is available. Provided that the General Assembly appropriates sufficient funds in100
an applicable fiscal year, the Carl Vinson Institute of Government of the University of101
Georgia shall provide at least one training program per year to train new potential panel102
members.103
(e) At the time any person is selected to serve on a panel for any particular annexation104
dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will105
faithfully perform my duties as an arbitrator in a fair and impartial manner without favor106
or affection to any party, and that I have not and will not have any ex parte communication107
regarding the facts and circumstances of the matters to be determined, other than108
communications with my fellow arbitrators, and will only consider, in making my109
determination, those matters which may lawfully come before me.'110
(f) The department shall develop and maintain a list of court reporters and hearing officers111
that may be employed by the department at the request of an arbitration panel to assist the112
panel in formulating the record before the panel. An arbitration panel may by majority113
vote of its members elect to employ court reporters and hearing officers from such list. 114
Any costs or charges related to the employment of court reporters and hearing officers115
pursuant to this subsection shall be evenly divided between the city and the county.116
(g) The department shall promulgate rules and regulations to provide for uniform117
procedures and operations of arbitration panels established pursuant to this article.118
Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative119
Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to120
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the chairperson of the House Governmental Affairs Committee and the Senate Committee121
on State and Local Government Operations."122
SECTION 1-2.123
Said article is further amended by revising Code Section 36-36-115, relating to meetings of124
arbitration panel, duties, findings and recommendations, and compensation, as follows:125
"36-36-115.126
(a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall127
meet as soon after appointment as practicable and shall receive evidence and argument128
from the municipal corporation, the county, and the applicant or property owner and129
shall by majority vote render a decision which shall be binding on all parties to the130
dispute as provided for in this article not later than 60 days following such appointment,131
provided that the chairperson of the arbitration panel shall be authorized to extend such132
deadline one time for a period of up to ten business days.; provided, however, that133
Notwithstanding anything in this subparagraph to the contrary, the municipal134
corporation and county may by mutual agreement, postpone the arbitration procession135
for a period of up to 180 days to negotiate a potential settlement, and such136
postponement shall stay the 60 day deadline provided herein.137
(B) Meetings of the panel may occur in person, virtually, or via teleconference. The138
meetings of the panel in which evidence is submitted or arguments of the parties are139
made, whether such meeting is in person, virtual, or via teleconference, shall be open140
to the public pursuant to Chapter 14 of Title 50.141
(C) The panel shall first determine the validity of the grounds for objection as specified142
in the objection. If an objection involves the financial impact on the county as a result143
of a change in zoning or land use or the provision of maintenance of infrastructure, the144
panel shall quantify such impact in terms of cost. As to any objection which the panel145
has determined to be valid, the panel, in its findings, may establish reasonable zoning,146
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land use, or density conditions applicable to the annexation and propose any reasonable147
mitigating measures as to an objection pertaining to infrastructure demands.148
(2) In arriving at its determination, the panel shall consider:149
(A) The existing comprehensive land use plans of both the county and city;150
(B) The existing land use patterns in the area of the subject property;151
(C) The existing zoning patterns in the area of the subject property;152
(D) Each jurisdiction's provision of infrastructure to the area of the subject property153
and to the areas in the vicinity of the subject property;154
(E) Whether the county has approved similar changes in intensity or allowable uses on155
similar developments in other unincorporated areas of the county;156
(F) Whether the county has approved similar developments in other unincorporated157
areas of the county which have a similar impact on infrastructure as complained of by158
the county in its objection; and159
(G) Whether the infrastructure or capital outlay project which is claimed adversely160
impacted by the county in its objection was funded by a county-wide tax.161
(3) The county shall provide supporting evidence that its objection is consistent with its162
land use plan and the pattern of existing land uses and zonings in the area of the subject163
property, which may include, but not be limited to, adopted planning documents and164
capital or infrastructure plans.165
(4) The cost of the arbitration shall be equally divided between the city and the county;166
provided, however, that if the panel determines that any party has advanced a position167
that is not valid, the costs shall be borne by the party or parties that have advanced such168
position.169
(5) The reasonable costs of participation in the arbitration process of the property owner170
or owners whose property is at issue shall be borne by the county and the city in the same171
proportion as costs are apportioned under paragraph (4) of this subsection.172
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(6) The panel shall deliver its written findings and recommendations to the parties and173
the department by verifiable delivery. The written findings and recommendations shall174
include a signed statement for each panel member as to whether or not he or she voted175
in support of or against such findings and recommendations. The department shall176
maintain a data base and record of arbitration panel results and at least annually publish177
a report on such decisions and make such report freely available on the department's178
website.179
(b) If the decision of the panel contains zoning, land use, or density conditions, the180
findings and recommendations of the panel shall be recorded in the deed records of the181
county with a caption describing the name of the current owner of the property, recording182
reference of the current owner's acquisition deed and a general description of the property,183
and plainly showing the expiration date of any restrictions or conditions.184
(c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and185
recommendations but may be reconvened as provided in Code Section 36-36-116.186
(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the187
members of the arbitration panel shall receive the same per diem, expenses, and allowances188
for their service on the panel as authorized by law for members of the General Assembly189
plus $100.00 in total for all days of service for serving on an arbitration panel.190
(e) If the panel so agrees, any one or more additional annexation disputes which may arise191
between the parties prior to the panel's initial meeting may be consolidated for the purpose192
of judicial economy if there are similar issues of location or similar objections raised to193
such other annexations or the property to be annexed in such other annexations is194
within 2,500 feet of the subject property."195
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PART II196
SECTION 2-1.197
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to198
appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to199
judgments and rulings deemed directly appealable, procedure for review of judgments,200
orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases201
involving a capital offense for which death penalty is sought, and appeals involving202
nonmonetary judgments in child custody cases, as follows:203
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the204
following judgments and rulings of the superior courts, the Georgia State-wide Business205
Court, the constitutional city courts, and such other courts or tribunals from which appeals206
are authorized by the Constitution and laws of this state:207
(1) All final judgments, that is to say, where the case is no longer pending in the court208
below, except as provided in Code Section 5-6-35;209
(2) All judgments involving applications for discharge in bail trover and contempt cases;210
(3) All judgments or orders directing that an accounting be had;211
(4) All judgments or orders granting or refusing applications for receivers or for212
interlocutory or final injunctions;213
(5) All judgments or orders granting or refusing applications for attachment against214
fraudulent debtors;215
(6) Any ruling on a motion which would be dispositive if granted with respect to a216
defense that the action is barred by Code Section 16-11-173;217
(7) All judgments or orders granting or refusing to grant mandamus or any other218
extraordinary remedy, except with respect to temporary restraining orders;219
(8) All judgments or orders refusing applications for dissolution of corporations created220
by the superior courts;221
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(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a222
will;223
(10) All judgments or orders entered pursuant to subsection (c) of Code224
Section 17-10-6.2;225
(11) All judgments or orders in child custody cases awarding, refusing to change, or226
modifying child custody or holding or declining to hold persons in contempt of such child227
custody judgment or orders;228
(12) All judgments or orders entered pursuant to Code Section 35-3-37; and229
(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and230
(14) All final judgments or orders reviewing a zoning decision, as such term is defined231
in paragraph (4) of Code Section 36-66-3."232
SECTION 2-2.233
Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating234
to cases requiring application for appeal, requirements for application, exhibits, response,235
issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of236
appeal, and appeals involving nonmonetary judgments in custody cases, as follows:237
"(a) Appeals in the following cases shall be taken as provided in this Code section:238
(1) Appeals from decisions of the superior courts reviewing decisions of the State Board239
of Workers' Compensation, the State Board of Education, auditors, state and local240
administrative agencies, and lower courts, and quasi-judicial decisions of boards or241
agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of242
Code Section 36-66-3 by petition for review; provided, however, that this provision shall243
not apply to decisions of the Public Service Commission and probate courts and to cases244
involving ad valorem taxes and condemnations;245
(2) Appeals from judgments or orders in divorce, alimony, and other domestic relations246
cases including, but not limited to, granting or refusing a divorce or temporary or247
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permanent alimony or holding or declining to hold persons in contempt of such alimony248
judgment or orders;249
(3) Appeals from cases involving distress or dispossessory warrants in which the only250
issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;251
(4) Appeals from cases involving garnishment or attachment, except as provided in252
paragraph (5) of subsection (a) of Code Section 5-6-34;253
(5) Appeals from orders revoking probation;254
(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual255
Offender Risk Review Board;256
(5.2) Appeals from decisions of superior courts granting or denying petitions for release257
pursuant to Code Section 42-1-19;258
(6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;259
(7) Appeals, when separate from an original appeal, from the denial of an extraordinary260
motion for new trial;261
(8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion262
to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief263
upon a complaint in equity to set aside a judgment;264
(9) Appeals from orders granting or denying temporary restraining orders;265
(10) Appeals from awards of attorney's fees or expenses of litigation under Code266
Section 9-15-14;267
(11) Appeals from decisions of the state courts reviewing decisions of the magistrate268
courts by de novo proceedings so long as the subject matter is not otherwise subject to269
a right of direct appeal;270
(12) Appeals from orders terminating parental rights; and271
(13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or272
denying an objection to the filing of a lis pendens or granting or denying a motion273
canceling a lis pendens."274
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SECTION 2-3.275
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning276
procedures as pertaining to counties and municipal corporations, is amended by revising277
paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and278
local government zoning powers, and by adding a new paragraph to read as follows:279
"(1) Provide by ordinance or resolution for such administrative officers, boards, or280
agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning281
powers and to establish procedures and notice requirements for hearings before such282
quasi-judicial officers, boards, or agencies that are consistent with the minimum283
procedures provided for in this chapter to assure due process is afforded the general284
public; and"285
SECTION 2-4.286
Said chapter is further amended by revising paragraphs (1.1) and (4) of Code287
Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:288
"(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency289
appointed by a local government to exercise delegated, quasi-judicial zoning powers290
including hearing appeals of administrative decisions by such officers, boards, or291
agencies and hearing and rendering decisions on applications for variances, special292
administrative permits, special exceptions, conditional use permits, or other similar293
permits not enumerated herein as a zoning decision, pursuant to standards for the exercise294
of such quasi-judicial authority adopted by a local government any board or agency295
designated by ordinance to make quasi-judicial decisions.296
(1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of297
quasi-judicial land use powers, including hearing appeals of administrative decisions and298
hearing and rendering decisions on applications for variances, administrative permits, or299
other similar permits not enumerated herein as a zoning decision, pursuant to standards300
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for the exercise of such quasi-judicial authority adopted by a local government. Such301
term does not include permits issued or decisions made by administrative staff pursuant302
to the authority designated by ordinance which contains an express right to appeal to a303
local government board or authority which is subject to these provisions applicable to304
quasi-judicial decisions."305
"(4) 'Zoning decision' means final legislative action by a local government which results306
in:307
(A) The adoption or repeal of a zoning ordinance;308
(B) The adoption of an amendment to a zoning ordinance which changes the text of the309
zoning ordinance;310
(C) The adoption or denial of an amendment to a zoning ordinance to rezone property311
from one zoning classification to another;312
(D) The adoption or denial of an amendment to a zoning ordinance by a municipal313
local government to zone property to be annexed into the municipality;314
(E) The grant or denial of a permit relating to an application for a special use of315
property; or316
(F) The grant or denial of an application for a variance or the imposition or317
modification of conditions concurrent and in conjunction with a decision pursuant to318
subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a319
variance or condition."320
SECTION 2-5.321
Said chapter is further amended by revising subsections (b), (c), (g), and (h) of Code322
Section 36-66-4, relating to adoption of hearing policies and procedures and standards for323
exercise of zoning power, as follows:324
"(b) If a zoning decision of a local government is for the rezoning of property and the325
rezoning is initiated by a party other than the local government, then:326
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(1) The notice, in addition to the requirements of subsection (a) of this Code section,327
shall include the location of the property, the present zoning classification of the property,328
and the proposed zoning classification of the property; and329
(2) A sign containing information required by local ordinance or resolution shall be330
placed in a conspicuous location on the property not less than 15 days nor more than 45331
days prior to the date of the hearing.332
(c) If the zoning decision of a local government is for the rezoning of property and the333
amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the334
local government, then the same property may not again be considered for rezoning until335
the expiration of at least six months immediately following the defeat denial of the336
rezoning by the local government or the conclusion of related judicial proceedings."337
"(g) A local government delegating decision-making power to a quasi-judicial officer,338
board, or agency shall provide for a hearing on each proposed action described in339
paragraph (1.1) (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided340
at least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice341
being made as provided for in subsection (a) of this Code section and with additional notice342
being mailed to the owner of the property that is the subject of the proposed action.343
(h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a344
proposed zoning decision relates to an amendment of the zoning ordinance to revise one345
or more zoning classifications or definitions relating to single-family residential uses of346
property so as to authorize multifamily uses of property pursuant to such classification347
or definitions, or to grant blanket permission, under certain or all circumstances, for348
property owners to deviate from the existing zoning requirements of a single-family349
residential zoning, such zoning decision shall be adopted in the following manner:350
(A) The zoning decision shall be adopted at two regular meetings of the local351
government making the zoning decision, during a period of not less than 21 at least 15352
but not more than 45 days apart; and353
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(B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at354
least two public hearings shall be held on the proposed action. Such public hearings355
shall be held at least three months and not more than nine months prior to the date of356
final action on the zoning decision. Furthermore, at least one of the public hearings357
shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by358
this paragraph shall be in addition to any hearing required under subsection (a) of this359
Code section. The local government shall give notice of such hearing by:360
(i) Posting notice on each affected premises in the manner prescribed by361
subsection (b) of this Code section; provided, however, that when more than 500362
parcels are affected, in which case posting notice is required every 500 feet in the363
affected area; and364
(ii) Publishing in a newspaper of general circulation within the territorial boundaries365
of the local government a notice of each hearing at least 15 days and not more than 45366
days prior to the date of the hearing.367
Both the posted notice and the published notice shall include a prominent statement that368
the proposed zoning decision relates to or will authorize multifamily uses or give blanket369
permission to the property owner to deviate from the zoning requirements of a370
single-family residential zoning of property in classification previously relating to371
single-family residential uses. The published notice shall be at least nine column inches372
in size and shall not be located in the classified advertising section of the newspaper. The373
notice shall state that a copy of the proposed amendment is on file in the office of the374
clerk or the recording officer of the local government and in the office of the clerk of the375
superior court of the county of the legal situs of the local government for the purpose of376
examination and inspection by the public. The local government shall furnish anyone,377
upon written request, a copy of the proposed amendment, at no cost.378
(2) The provisions of paragraph (1) of this subsection shall also apply to any zoning379
decisions that provide for the abolition of all single-family residential zoning380
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classifications within the territorial boundaries of a local government or zoning decisions381
that result in the rezoning of all property zoned for single-family residential uses within382
the territorial boundaries of a local government to multifamily residential uses of383
property.384
(3) This subsection shall not apply to zoning decisions for the rezoning of property from385
a single-family residential use of property to a multifamily residential use of property386
when the rezoning is initiated by the owner or authorized agent of the owner of such387
property or when the local government adopts a zoning ordinance or zoning map388
applicable to the entire land area under the governance of the local government, as389
opposed to a subset of parcels of land under the governance of the local government."390
SECTION 2-6.391
Said chapter is further amended by revising subsections (b.1) and (c) of Code392
Section 36-66-5, relating to adoption of hearing policies and procedures and standards for393
exercise of zoning power, as follows:394
"(b.1) In addition to policies and procedures required by subsection (a) of this Code395
section, each local government providing for a quasi-judicial officer's, board's, board's or396
agency's grant, denial, or review of a quasi-judicial matter may shall adopt specific397
standards and criteria governing the exercise of such quasi-judicial decision-making398
authority, and such standards shall include the factors by which the local government399
directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies400
thereof made available for distribution to the general public.401
(c) The policies and procedures required by subsection (a) of this Code section and the402
adoption of standards required by subsection subsections (b) and permitted by subsection403
(b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. 404
Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local405
government shall conduct a public hearing on a proposed action which may be advertised406
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and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4407
for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section408
36-66-4 relating to notices of public hearings for the purposes of that subsection shall also409
apply to public hearings required by this subsection."410
SECTION 2-7.411
Said chapter is further amended by revising paragraph (2) of subsection (a) of Code412
Section 36-66-5.1, relating to judicial review and procedures, as follows:413
"(2) Quasi-judicial decisions as described in this chapter and zoning decisions under414
subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate415
review by the superior court pursuant to its appellate jurisdiction from a lower judicatory416
body and shall be brought by way of a petition for such review as provided for in Title 5.417
Such matters shall be reviewed on the record which shall be brought to the superior court418
as provided in Title 5."419
PART IIA420
SECTION 2A-1.421
Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous422
area" defined, is amended by revising subsection (c) as follows:423
"(c) If, at the time annexation procedures are initiated, the entire area to be annexed is424
owned by the municipal governing authority to which the area is to be annexed and if the425
annexation of municipally owned property is approved by resolution of the governing426
authority of the county wherein the property is located and by a majority of the qualified427
voters of such county voting on a referendum to approve such annexation, then the term428
'contiguous area' shall mean any area which, at the time annexation procedures are429
initiated, abuts directly on the municipal boundary or which would directly abut on the430
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municipal boundary if it were not otherwise separated from the municipal boundary by431
lands owned by the municipal corporation or some other political subdivision, by lands432
owned by this state, or by the definite width or by the length of:433
(1) Any street or street right of way;434
(2) Any creek or river; or435
(3) Any right of way of a railroad or other public service corporation436
which divides the municipal boundary and any area proposed to be annexed."437
PART III438
SECTION 3-1.439
(a) Part I of this Act shall become effective on January 1, 2026.440
(b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning441
and quasi-judicial decisions occurring on and after such date; provided, however, that no442
zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered443
invalid or void if a local government fails to implement the provisions set out in Code444
Section 36-66-5.1.445
(c) Part IIA and Part III of this Act shall become effective on July 1, 2025.446
SECTION 3-2.447
All laws and parts of laws in conflict with this Act are repealed.448
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