HB 523: Local government; annexation contingent upon approval of county in which subject property is located; provide

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.

• 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.

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.

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.

• 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.

1. 2025-02-21House Second Readers (Cámara de Representantes)
2. 2025-02-20House First Readers (Cámara de Representantes)
3. 2025-02-19House Hopper (Cámara de Representantes)

• Joseph Gullett (R, HD-019)Patrocinador principal
• Charles Cannon (R, HD-172)

• annexation
• local government
• county authority
• municipal boundaries
• land use