HB523: HB523 Local government; annexation contingent upon approval of county in which subject property is located; provide

Under current Georgia law, a city can annex unincorporated land that touches its borders if every owner of that land signs a written application requesting annexation, without needing sign off from the county where the property sits. This bill changes that process. HB 523 amends O.C.G.A. § 36-36-21 so that any annexation done this way is contingent on the county government first passing a resolution consenting to it. The rest of the existing process stays the same: owners still file a full description of the land, the city still files identification of the newly annexed property with the Department of Community Affairs and the county, and public streets or rights of way are still generally excluded from what can be annexed. The bill repeals any conflicting laws and does not list a delayed effective date beyond the standard process for a signed Act.

• Adds a new requirement that 100 percent landowner annexations cannot proceed unless the county governing authority adopts a resolution consenting to the annexation.
• Keeps the existing rule that all owners of the land, except owners of public streets or rights of way, must sign a written application before annexation can happen.
• Preserves the requirement that annexed property be identified and filed with the Department of Community Affairs and the county government.
• Repeals any other Georgia laws that conflict with this new county approval requirement.

Municipal governments seeking to annex land through the unanimous landowner application method, county governments that would gain new approval power over these annexations, and private landowners whose annexation requests would now depend on county consent.

Cities that currently rely on 100 percent landowner petitions to expand their borders would need county buy-in first, giving counties leverage to block or delay annexations that could shift tax base, service responsibilities, or development control away from unincorporated areas.

• Section 1 revises O.C.G.A. § 36-36-21 to add a new condition: any proposed annexation under this article is contingent on a resolution of consent from the county governing authority where the property is located.
• Section 1 leaves intact the requirement that all landowners of the property, except owners of public streets, roads, highways, or rights of way, sign a written application describing the land.
• Section 1 retains the filing requirement with the Department of Community Affairs and the county government once annexation occurs, per O.C.G.A. § 36-36-3.
• Section 1 keeps the existing limit that annexation of public rights of way is restricted except where they adjoin privately annexed property.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2025-02-21House Second Readers (House)
2. 2025-02-20House First Readers (House)
3. 2025-02-19House Hopper (House)

• Joseph Gullett (R, HD-019)Primary sponsor
• Charles Cannon (R, HD-172)

• annexation
• local government
• municipal boundaries
• county authority