Title 36, Chapter 36, Section 7
( 36-36-7)
(a) Upon receiving notice of a proposed annexation pursuant to Code Section 36-36-6, the county governing authority shall notify the governing authority of the municipality within five business days of receipt of such notice if any county owned public facilities are located in the area proposed to be annexed. (b) Except as otherwise provided in this Code section, ownership and
control of county owned public properties and facilities are not
diminished or otherwise affected by annexation of the area in which
the county owned public property or facility is located. (c) Whenever a municipality annexes land on both sides of a county
road right of way, the annexing municipality shall assume the
ownership, control, care, and maintenance of such right of way
unless the municipality and the county agree otherwise by joint
resolution. (d) Whenever county owned property or a county owned facility within
an area annexed by a municipality is no longer usable for service to
the unincorporated area of the county as a result of the annexation,
the annexing municipality shall be required to acquire said property
from the county governing authority under the following conditions: (1) The annexation must be final; (2) The county property or facility must be funded by revenues
derived from the unincorporated areas of the county and must be
used to provide services solely to the unincorporated areas of the
county; (3) The county adopts a resolution declaring that the property or
facility is no longer usable for service to the unincorporated
area of the county as a result of the annexation; and (4) Unless otherwise provided by mutual agreement, the county
shall be compensated in an amount equal to the fair market value
of the property or facility which is no longer usable for service
to the unincorporated area. If the county and municipality fail
to agree as to the fair market value of the property or facility
within 180 days following adoption of the resolution required by
paragraph (3) of this subsection, the question of fair market
value shall be submitted to a special master appointed by the
superior court of the county in which the property or facility is
located for determination of value. |