"Contiguous Area" Defined; Determination of Aggregate External Boundary

  1. Law
  2. Georgia Code
  3. Local Government
  4. Annexation of Territory
  5. Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors
  6. "Contiguous Area" Defined; Determination of Aggregate External Boundary

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  1. As used in this article, the term "contiguous area" means any area of which at least one-eighth of the aggregate external boundary, at the time annexation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a "contiguous area" if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
  2. For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.

(Ga. L. 1966, p. 409, § 5; Ga. L. 1971, p. 399, § 1; Ga. L. 1976, p. 1011, § 2; Code 1981, §36-36-21; Code 1981, §36-36-31, 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 36-36-21 as present Code Section 36-36-31.

Law reviews.

- For article discussing municipal annexation and the concept of contiguity, see 9 Ga. L. Rev. 167 (1974).

JUDICIAL DECISIONS

Contiguous property not found.

- Parcel which the city attempted to annex and which was separated from the city boundary by three parcels: one owned by the county, one owned by the power company, and one over which the Georgia Department of Transportation had a right of way, was not a contiguous area since the power company property did not fall within any of the exceptions of O.C.G.A. § 36-36-31(a). Since the power company property was owned in fee simple by the power company, the power company had the ability to grant the property to another party at any time thereby potentially allowing the subject property to become an isolated municipal island precluding annexation of the subject parcel. City of Buford v. Gwinnett County, 262 Ga. App. 248, 585 S.E.2d 122 (2003).

Cited in City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).

RESEARCH REFERENCES

ALR.

- What land is contiguous or adjacent to municipality so as to be subject to annexation, 49 A.L.R.3d 589.


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