---
title: O.C.G.A. § 36-36-39. Filing of petition for declaratory judgment to determine validity of annexation; judicial review.
collection: code
id: 36-36-39
cite_as: O.C.G.A. § 36-36-39 (2025)
canonical_url: https://georgiacommons.org/code/36-36-39
md_url: https://georgiacommons.org/code/36-36-39.md
text_url: https://georgiacommons.org/code/36-36-39/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t35-t36-ch1-59-(v27)-2025-pdf.pdf?sfvrsn=66569db4_0#page=759
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/36-36.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Municipal Corporations Only / ANNEXATION OF TERRITORY / ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS
---

# O.C.G.A. § 36-36-39. Filing of petition for declaratory judgment to determine validity of annexation; judicial review.

(a) Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation’s action thereon. Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.

(b) The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application and the municipal corporation’s action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.

(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.

(d) Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.

## History

Ga. L. 1966, p. 409, § 9; Code 1981, § 36-36-29; Code 1981, § 36-36-39, as redesignated by Ga. L. 1992, p. 2592, § 3.

## Editor's Notes

Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-29 as present Code Section 36-36-39.