Title 36, Chapter 36, Section 92
( 36-36-92)
(a) The governing body of each municipal corporation of the state
may annex to the existing corporate limits thereof all or any
portion of unincorporated islands which are contiguous to the
existing limits at the time of such annexation upon compliance with
the procedures set forth in this article and in accordance with the
procedures provided in Article 1 of this chapter. (b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3. (c) Annexation of an unincorporated island as authorized by
subsection (a) of this Code section, which unincorporated island
directly abuts more than one municipality, shall be by the
municipality which abuts the unincorporated island along the
greatest percentage of its external boundary as provided in this
Code section, unless otherwise agreed to by the affected
municipalities. (d) Annexations under this article shall be at the sole discretion
of the governing body of each municipality. (e) Municipal services to the annexed area shall be provided on
substantially the same basis and in the same manner as such services
are provided within the rest of the municipal corporation; provided,
however, the extension of water and sewer services shall be
according to the policies in effect in such municipal corporation
for extending water and sewer lines to individual lots and
subdivisions. (f) The provisions of this article with regard to annexation of
unincorporated islands is severable as to each city and to the
annexation of each unincorporated island therein. The
implementation of each annexation pursuant to this article is
contingent upon preclearance of each annexation by the U.S. Justice
Department pursuant to Section 5 of the Voting Rights Act of 1965,
42 U.S.C. 1973(c). Any city annexing an unincorporated island
pursuant to this article shall submit such annexation to the U.S.
Justice Department for preclearance not later than 90 days following
the date of adoption of the annexation ordinance by the municipal
governing authority. |