Georgia § 36-36-39 - Filing of petition for declaratory judgment to determine validity of annexation; judicial review.
Full text of Georgia Official Code of Georgia Annotated § 36-36-39 — Filing of petition for declaratory judgment to determine validity of annexation; judicial review., with citation guidance and answers to common questions.
§ 36-36-39. Filing of petition for declaratory judgment to determine validity of annexation; judicial review.
Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance. The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance. Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9. Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases. (Ga. L. 1966, p. 409, § 9; Code 1981, § 36-36-29; Code 1981, § 36-36-39 , 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 36-36-29 as present Code Section 36-36-39.
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 36-36-39
What does Official Code of Georgia Annotated § 36-36-39 cover?
Section 36-36-39 ("Filing of petition for declaratory judgment to determine validity of annexation; judicial review.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 36-36-39?
A common citation format is "Official Code of Georgia Annotated § 36-36-39" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 36-36-39 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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