Incorporation, Dissolution, Merger, and Boundary Changes by Local Act or Under General Law; Annexation of Deannexed Property

1. Law
2. Georgia Code
3. Local Government
4. Home Rule Powers
5. Incorporation, Dissolution, Merger, and Boundary Changes by Local Act or Under General Law; Annexation of Deannexed Property

1. No municipal corporation shall be incorporated, dissolved, merged, or consolidated with any other municipal corporation, or have its municipal boundaries changed except by local Act of the General Assembly or by such methods as may be provided by general law.
2. Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of three years from such deannexation.

(Ga. L. 1947, p. 1118, § 2; Ga. L. 1951, p. 116, § 2; Ga. L. 1965, p. 298, § 2; Ga. L. 1982, p. 3, § 36; Ga. L. 1983, p. 545, § 1; Ga. L. 1992, p. 2592, § 2.)

Law reviews.

- For article, "The Municipal Home Rule Act of 1965 (this chapter)," see 3 Ga. St. B. J. 333 (1967).

JUDICIAL DECISIONS

Nature of general laws.

- Laws operating uniformly throughout the state with respect to the subject matter, but applying only to cities or counties of a common class having a certain number of inhabitants or more, are general statutes as contemplated by this section. Niskey Lake Water Works, Inc. v. Garner, 228 Ga. 864, 188 S.E.2d 864 (1972).

Constitutionality of local law extending municipal boundaries.

- Local law extending municipal boundaries does not violate the constitutional guarantee of due process of the law because the local law subjects property owners in the area annexed to taxation by the municipality; nor does the local law deny to such property owners equal protection of the law within the meaning of U.S. Const., amend. 14. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).

Local act changing city limits so as to exclude developer's property, thereby vitiating any authority of the city to permit development of the property, was not unconstitutional. Signa Dev. Corp. v. Fayette County, 259 Ga. 11, 375 S.E.2d 839 (1989), cert. denied, 493 U.S. 814, 110 S. Ct. 63, 107 L. Ed. 2d 30 (1989).

This chapter does not provide the sole method by which the General Assembly may amend a city charter so as to change city boundaries. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).

Existence of prior statutes permitting enlargement of boundaries does not deprive the General Assembly of the power to alter and extend municipal boundaries without the consent of the persons affected thereby. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).

Cited in Dodson v. Graham, 462 F.2d 144 (5th Cir. 1972).

OPINIONS OF THE ATTORNEY GENERAL

Altering boundaries by local Act.

- There is evidence of intent on the part of the General Assembly to retain authority to alter municipal boundaries through local Acts. 1975 Op. Att'y Gen. No. U75-59.

"Deannexation" of property presently lying within boundaries of municipal corporation may only be accomplished through local legislation amending the corporate charter so as to redefine the corporate boundaries. 1977 Op. Att'y Gen. No. U77-49.

Annexation of state park.

- Municipality must have specific legislative approval to annex state park. 1968 Op. Att'y Gen. No. 68-211.

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 31 et seq., 74 et seq.

C.J.S.

- 62 C.J.S., Municipal Corporations, §§ 15, 16, 24, 57, 73, 107.

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