25 LC 47 3312
House Bill 523
By: Representatives Gullett of the 19
th
and Cannon of the 172
nd
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,
1
relating to annexation pursuant to application by 100 percent of landowners, so as to provide2
that such annexations are contingent upon approval of the county in which the subject3
property is located; to provide for related matters; to repeal conflicting laws; and for other4
purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to8
annexation pursuant to application by 100 percent of landowners, is amended by revising9
Code Section 36-36-21, relating to annexation upon application of all land owners, filing of10
identification of annexed property with Department of Community Affairs and county11
governing authority, and effect of annexation, as follows:12
"36-36-21.13
Authority is granted to the governing bodies of the several municipal corporations of this14
state to annex to the existing corporate limits thereof unincorporated areas contiguous to15
the existing corporate limits at the time of such annexation, in accordance with the16
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procedures provided in this article and in Article 1 of this chapter, upon the written and
17
signed applications of all of the owners of all of the land, except the owners of any public18
street, road, highway, or right of way, proposed to be annexed, containing a complete19
description of the lands to be annexed. Notwithstanding any other provisions of this
20
chapter to the contrary, any proposed annexation pursuant to this article is contingent upon21
the adoption of a resolution by the governing authority of the county in which such22
property is located consenting to such annexation. Lands to be annexed at any one time23
shall be treated as one body, regardless of the number of owners, and all parts shall be24
considered as adjoining the limits of the municipal corporation when any one part of the25
entire body abuts such limits. When such application is acted upon by the municipal26
authorities and the land is, by ordinance, annexed to the municipal corporation, an27
identification of the property so annexed shall be filed with the Department of Community28
Affairs and with the governing authority of the county in which the property is located in29
accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a30
part of the lands within the corporate limits of the municipal corporation as completely and31
fully as if the limits had been marked and defined by local Act of the General Assembly.32
Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall33
be construed to authorize annexation of the length of any public right of way except to the34
extent that such right of way adjoins private property otherwise annexed by the municipal35
corporation."36
SECTION 2.37
All laws and parts of laws in conflict with this Act are repealed.38
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