Title 36, Chapter 36, Section 70
( 36-36-70)
(a) The government of no municipality of this state may annex to the
existing corporate limits of such municipality any unincorporated
area in which water, sewerage, police protection, fire protection,
and garbage or refuse collection is furnished or is to be furnished
by the county in which such unincorporated area is situated, or
where the county has included such unincorporated area in a
comprehensive zoning plan of the county, without first obtaining the
approval of the governing authority of the county in which such
unincorporated area is situated. Such approval must be obtained by
an official act of the governing authority of the county and must be
duly recorded upon the minutes of such body. The owner of any real
property situated in such county shall have the right to enjoin any
municipality which has not obtained the required approval of the
governing authority of the county from exercising any municipal
powers, functions, or duties over the unincorporated area improperly
sought to be annexed to the existing corporate limits by an action
for injunction filed in the superior court of the county in which
the territory proposed for annexation is situated. (b) The provisions of this Code section shall apply only to those
counties of this state having a population of not less than 480,000
and not more than 580,000 according to the United States decennial
census of 1980 or any future such census. |