Georgia Code
Article 7 - Procedure for Resolving Annexation Disputes
§ 36-36-115. Meetings of Arbitration Panel; Duties; Findings and Recommendations; Compensation

History. Code 1981, § 36-36-115 , enacted by Ga. L. 2007, p. 292, § 2/HB 2; Ga. L. 2022, p. 367, § 1/HB 1461.
The 2022 amendment, effective July 1, 2022, rewrote paragraph (a)(1), which read: “The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the dispute as provided for in this article not later than the sixtieth day following such appointment. The meetings of the panel in which evidence is submitted or arguments of the parties are made shall be open to the public pursuant to Chapter 14 of Title 50. The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure, the panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands.”, added “and to the areas in the vicinity of the subject property” at the end of subparagraph (a)(2)(D), added “, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans” at the end of paragraph (a)(3), rewrote paragraph (a)(4), which read: “The county shall bear at least 75 percent of the cost of the arbitration. The panel shall apportion the remaining 25 percent of the cost of the arbitration equitably between the city and the county as the facts of the appeal warrant; provided, however, that if the panel determines that any party has advanced a position that is substantially frivolous, the costs shall be borne by the party that has advanced such position.”, rewrote paragraph (a)(6), which read: “The panel shall deliver its findings and recommendations to the parties by certified mail or statutory overnight delivery.”; and in subsection (d), substituted “Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the” for “The” at the beginning, “panel as authorized” for “committee as is authorized”, and “the General Assembly” for “interim legislative study committees” at the end.

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