25 LC 47 3379
House Bill 521
By: Representatives Anderson of the 10
th
, LaHood of the 175
th
, Leverett of the 123
rd
, Cannon
of the 172
nd
, Kelley of the 16
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 8 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,
1
relating to municipal deannexation, so as to revise procedures related to the deannexation of2
certain properties; to provide for related matters; to provide for an effective date; to repeal3
conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 8 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to7
municipal deannexation, is amended in Code Section 36-36-131, relating to application for8
deannexation, scope, filing of notification of deannexation, and reannexation, by revising9
subsection (a) as follows:10
"(a) Authority is granted to the governing authority of any municipality to deannex an area11
or areas of the existing corporate limits thereof, in accordance with the procedures provided12
in this article and in Article 1 of this chapter, upon the written and signed applications of13
all of the owners of all of the land, except the owners of any public street, road, highway,14
or right of way, proposed to be deannexed, containing a complete description of the lands15
to be deannexed; provided, however, that no more than ten parcels of property may be16
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deannexed in one action and only upon the adoption of a resolution by the governing
17
authority of the county in which such property is located consenting to such deannexation. 18
If the governing authority of the county consents to the deannexation and the deannexation19
conforms with the requirements of this article, the governing authority of the municipal20
corporation shall approve such deannexation unless it finds that the deannexation would21
be detrimental to the health, safety, and welfare of the residents and property owners of the22
area to be deannexed or to the area remaining within the municipality. If the county is the
23
owner of all parcels proposed for deannexation and the governing authority of the county24
consents, the governing authority of the municipal corporation shall approve such25
deannexation within 90 days of the date of the filing of a deannexation application unless26
it finds that the deannexation would be detrimental to the health, safety, and welfare of the27
residents and property owners of the area to be deannexed or to the area remaining within28
the municipality."29
SECTION 2.30
This Act shall become effective upon its approval by the Governor or upon its becoming law31
without such approval.32
SECTION 3.33
All laws and parts of laws in conflict with this Act are repealed.34
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