Legislative Intent and Purpose

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The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this article shall be construed liberally to achieve that end. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV.

(Code 1981, §36-70-1, enacted by Ga. L. 1989, p. 1317, § 4.1; Ga. L. 1997, p. 1567, § 1.)

Law reviews.

- For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990). For annual survey on local government law, see 69 Mercer L. Rev. 205 (2017).

JUDICIAL DECISIONS

County board's suit barred by sovereign immunity.

- County board's claims against a state agency commissioner and individual board members was properly dismissed as barred by sovereign immunity as the county board's pleadings and briefs demonstrated that the state agency was the real party in interest as the complaint alleged that the state agency was the entity who posted the information on its website preventing the county board from receiving state administered financial assistance. Bd. of Comm'rs v. Mayor & Council of Valdosta, 352 Ga. App. 391, 834 S.E.2d 890 (2019).

Cited in Bd. of Comm'rs of Lowndes County v. Mayor & Council of Valdosta, Ga. , S.E.2d (Sept. 28, 2020).


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