Georgia CommonsHB 523: Local government; annexation contingent upon approval of county in which subject property is located; provide
Last action February 21, 2025 · House Second Readers
House Bill 523 would require Georgia municipalities to get county approval before annexing land through the 100 percent landowner application process, adding a new check on that annexation method.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Under current Georgia law, a municipality can annex unincorporated land that touches its borders if every owner of that land signs a written application requesting annexation, without needing county sign-off. HB523 changes that process by adding a new condition: the county where the property sits must first adopt a resolution consenting to the annexation before it can happen. The bill amends O.C.G.A. § 36-36-21, part of the law governing annexation by 100 percent landowner application. The rest of the existing process stays the same, including the requirement to file a description of the annexed property with the Department of Community Affairs and the county, and the rule treating all annexed land as one body regardless of the number of owners. The change would apply going forward once the bill becomes law, and it repeals any conflicting laws.
What the bill does
- Adds a requirement that county governing authorities must adopt a resolution consenting to an annexation before it can proceed under the 100 percent landowner application process.
- Applies this new county consent requirement specifically to annexations under Article 2 of Chapter 36 of Title 36, the 100 percent landowner method.
- Leaves in place the existing requirement that all landowners sign written applications describing the land to be annexed.
- Keeps the existing requirement to file identification of newly annexed property with the Department of Community Affairs and the county governing authority.
- Repeals any other Georgia laws that conflict with this new county approval requirement.
Who it affects
Georgia municipalities that annex land through the 100 percent landowner application method, county governments that must now vote to approve or reject such annexations, and landowners seeking to have their property annexed into a city.
Why it matters
Currently, if every landowner agrees, a city can annex their property without county input. This bill gives counties veto power over those annexations, which could slow or block land from moving into city limits even when all affected landowners want it to happen.
Key provisions
- Section 1 amends O.C.G.A. § 36-36-21 to add that any annexation under this article is contingent on the county governing authority adopting a resolution consenting to it.
- The new county consent requirement applies notwithstanding any other provisions of the chapter to the contrary, meaning it overrides conflicting language elsewhere in the annexation law.
- The existing rule requiring identification of annexed property to be filed with the Department of Community Affairs and the county remains unchanged.
- Section 2 repeals any conflicting laws, a standard clause clearing away inconsistent statutes.
From the bill
“Notwithstanding any other provisions of this chapter to the contrary, any proposed annexation pursuant to this article is contingent upon the adoption of a resolution by the governing authority of the county in which such property is located consenting to such annexation.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Joseph Gullett (R, HD-019)
- Charles Cannon (R, HD-172)
Topics
- annexation
- local government
- county authority
- municipal boundaries
- land use