Filing of Identification of Annexed Territory With Department of Community Affairs and County Governing Authority

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Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the clerk, city attorney, or other person designated by the governing authority of the municipal corporation to cause an identification of the annexed territory to be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3.

(Ga. L. 1970, p. 426, § 6; Code 1981, §36-36-49; Code 1981, §36-36-59, as redesignated by Ga. L. 1992, p. 2592, § 3; Ga. L. 2000, p. 164, § 10.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "is" was deleted following "territory".

JUDICIAL DECISIONS

Authority to pass local Acts.

- Provisions of Ga. L. 1970, p. 426, § 1 et seq. (see now O.C.G.A. § 36-36-50 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 104 et seq.


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