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

25 LC 47 3312 House Bill 523 By: Representatives Gullett of the 19th and Cannon of the 172nd A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 36 of Title 36 of the Official Co de 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 count y 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 Geo rgia 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, i n accordance with the16 H. B. 523 - 1 - 25 LC 47 3312 procedures provided in this article and in Article 1 of this ch apter, upon the written and17 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 ot her provisions of this20 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 owner s, 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 munic ipal 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 la nds 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 H. B. 523 - 2 -