---
title: O.C.G.A. § 36-36-92. Annexation of unincorporated islands; procedures; provision of municipal services.
collection: code
id: 36-36-92
cite_as: O.C.G.A. § 36-36-92 (2025)
canonical_url: https://georgiacommons.org/code/36-36-92
md_url: https://georgiacommons.org/code/36-36-92.md
text_url: https://georgiacommons.org/code/36-36-92/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=775
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.
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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 OF UNINCORPORATED ISLANDS
---

# O.C.G.A. § 36-36-92. Annexation of unincorporated islands; procedures; provision of municipal services.

(a) The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof all or any portion of unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.

(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3.

(c) Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the affected municipalities.

(d) Annexations under this article shall be at the sole discretion of the governing body of each municipality.

(e) Municipal services to the annexed area shall be provided on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation; provided, however, that the extension of water and sewer services shall be according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots and subdivisions.

(f) The provisions of this article with regard to annexation of unincorporated islands are severable as to each city and to the annexation of each unincorporated island therein.

## History

Code 1981, § 36-36-92, enacted by Ga. L. 1992, p. 2592, § 3; Ga. L. 1995, p. 840, § 1; Ga. L. 2000, p. 164, § 12; Ga. L. 2015, p. 385, § 6-5/HB 252; Ga. L. 2019, p. 1056, § 36/SB 52; Ga. L. 2022, p. 344, § 3/HB 1385.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1992, “city” was substituted for “City” in the first sentence of subsection (f).

## Editor's Notes

Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’”

## Law Reviews

For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003).

For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005).

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).