Restriction on Applicability of Article

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This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.

(Ga. L. 1970, p. 426, § 11; Code 1981, §36-36-51; Code 1981, §36-36-61, 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 36-36-51 as present Code Section 36-36-61.

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).

Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

ARTICLE 5 LIMITATION ON ANNEXATION OF AREAS FURNISHED SERVICES OR INCLUDED IN COMPREHENSIVE ZONING PLAN BY CERTAIN COUNTIES

Cross references.

- Time limit for reannexing property which has been deannexed by the General Assembly, § 36-35-2(b).


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