Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation.
History. Ga. L. 1962, p. 119, § 1; Ga. L. 1969, p. 504, § 1; Code 1981, § 36-36-2 ; Code 1981, § 36-36-21 , as redesignated by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 6.
Law reviews.
For article questioning the constitutionality of this Code section, see 10 Ga. L. Rev. 169 (1975).
For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).
For comment, “Hamlets: Expanding the Fair Share Doctrine Under Strict Home Rule Constitutions,” see 49 Emory L.J. 255 (2000).
For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).
For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).
Structure Georgia Code
Chapter 36 - Annexation of Territory
Article 2 - Annexation Pursuant to Application by 100 Percent of Landowners
§ 36-36-20. “Contiguous Area” Defined
§ 36-36-22. Deannexation; Authority; Procedures; Identification; Status of Lands
§ 36-36-23. Annexation by a Municipal Corporation Into an Adjoining County