Title 36, Chapter 36, Section 32
( 36-36-32)
(a) Authority is granted to the governing bodies of the several
municipal corporations of this state to annex to the existing
corporate limits thereof unincorporated areas which are contiguous
to the existing corporate limits at the time of such annexation, in
accordance with the procedures provided in this article and in
Article 1 of this chapter, upon the written and signed application
of not less than 60 percent of the electors resident in the area
included in any such application and of the owners of not less than
60 percent of the land area, by acreage, included in such
application. The authority granted in this Code section is in
addition to existing authority and is intended to provide a
cumulative method of annexing territory to municipal corporations in
addition to those methods provided by present law. (b) Each such application shall contain a complete description of
the land proposed to be annexed. Lands to be annexed at any one
time shall be treated as one body, regardless of the number of
owners, and all parts shall be considered as adjoining the limits of
the municipal corporation when any one part of the entire body abuts
such limits. (c) Each person signing an application for annexation shall also
print or type thereon his name, address, and the date of signature.
In addition, he shall indicate whether he is a landowner within the
area to be annexed, an elector, or both. (d) For the purpose of determining the percentage of electors signing such application, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Code Section 21-2-227. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section. (e) For the purpose of determining ownership of the property
included within such application, the record titleholder of the fee
simple title or his legal representative shall be considered the
"owner" of the property. (f) Signatures of owners of public roads and other public land
within the area to be annexed shall not be required in satisfying
the requirements of subsection (a) of this Code section and the
acreage of such public properties shall be excluded from acreage
calculations pertaining to the landowner approval required by
subsection (a) of this Code section. This subsection applies only
where the public properties are included in the area to be annexed. (g) The necessary number of signatures of landowners and electors
shall be obtained within one calendar year following the date of the
first signature obtained. Failure to collect the required number
within the one-year period shall invalidate previously collected
signatures. Nothing in this subsection shall prohibit collection of
signatures from the same persons on subsequent applications for
annexation. |