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Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 36. ANNEXATION OF TERRITORY · Article 1. GENERAL PROVISIONS

36-36-4. Creation of unincorporated islands prohibited; authorization to provide services or functions.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this subsection shall be prohibited:#

    1. (1)

      Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;#

    2. (2)

      Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or#

    3. (3)

      Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.#

  2. (b)

    When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. As used in this subsection, the term “unincorporated island” shall have the same meaning as set forth in Code Section 36-36-90.#

  3. (c)

    The prohibition contained in subsection (a) of this Code section shall not apply to a local Act providing for deannexation of territory from a municipality that would create an unincorporated island where another local Act annexing the same territory into another municipality takes effect on the same date as the local Act providing for deannexation of such territory.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-36-4, enacted by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 2; Ga. L. 2015, p. 1345, § 1/HB 432; Ga. L. 2025, p. 1029, § 36(9)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, rewrote the last sentence of subsection (b), which read: “For purposes of this subsection, ‘unincorporated island’ shall have the same meaning as contained in paragraph (3) of Code Section 36 36 90.”.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1992, “subsection” was substituted for “Code section” in subsection (a), and “subsection” was substituted for “subparagraph” in subsection (b).

Law reviews

For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, pages 729 to 730; merge action: bound only; file SHA-256 6c7b6bcea397.