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- 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.
- 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.
Dec 13, 2007
Dismissal
Hon. Ginsberg, Ronald
Chatham County
Chatham County, GA
Feb 26, 2019
Appealed
Chatham County
Chatham County, GA
IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA STATE OF GEORGIA, ) ) Plaintiff, ) ) CIVIL ACTION FILE v. ) ) NO. 23-A-07160-5 DEVELOPMENT AUTHORITY OF …
Gwinnett County, GA
Aug 22, 2023
IN THE STATE COURT OF GWINNETT COUNTYSTATE OF GEORGIA DEIRDRE PALMORE , * Plaintiff, * * vs. * CIVIL AC…
Gwinnett County, GA
Sep 07, 2022
Tort - Auto Tort*
IN THE STATE COURT OF GWINNETT COUNTYSTATE OF GEORGIA CHRISTOPHER RICE , * Plaintiff, * * vs. * CIVIL AC…
Gwinnett County, GA
Sep 07, 2022
Tort - Auto Tort*
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA ZEYEDE WTSADEKE, * PLAINTIFF, * * CIVIL ACTION FILE NO: Vv CLEAVON YEARWOOD, DEFENDANT. PLAINTIFF’S FIRST REQUESTS FOR ADMISS ION TO DEFENDANT …
Gwinnett County, GA
Nov 30, 2023
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA ZEYEDE WTSADEKE, * PLAINTIFF, * * CIVIL ACTION FILE NO: Vv CLEAVON YEARWOOD, DEFENDANT. PLAINTIFF’S FIRST REQUESTS FOR ADMISS ION TO DEFENDANT …
Gwinnett County, GA
Nov 30, 2023
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