2020 Georgia Code
Title 36 - Local Government
Chapter 2 - Militia Districts
§ 36-2-5. Through 36-2-7

Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.

- These Code sections, relating to effect on justices of the peace, constables, and actions pending in justice's court in the old district and election of justices of the peace and constables in new districts upon addition, consolidation, and abolition of militia districts, were based on Orig. Code 1863, §§ 460 to 462; Code 1868, §§ 522 to 524; Code 1873, §§ 488 to 490; Code 1882, §§ 488 to 490; Code 1895, §§ 337 to 339; Ga. L. 1899, p. 24, § 1; Civil Code 1910, §§ 380 to 382; Code 1933, §§ 23-208 to 23-210; and Ga. L. 1981, Ex. Sess., p. 8.

• 36-3-1. Filing and contents of petition for change of boundary line; publication of notice.
• 36-3-2. Proceedings before grand juries; action by county governing authorities upon approval of change by grand juries; publication of notice of approval by judges of probate courts.
• 36-3-3. When new boundary lines deemed established.
• 36-3-4. Payment of costs of proceedings.
• 36-3-5. Filing of survey, plat, and resolution relating to change of boundary with Secretary of State; disposition thereof; recordation of certified copy by clerks of superior courts.

• 36-3-20. Presentment of boundary dispute by grand jury; certification to Governor; appointment of surveyor to define line; return of survey and plat to Secretary of State.
• 36-3-21. Service of notice of survey upon county authorities.
• 36-3-21.1. Counties' agreement to boundary lines; filing of resolutions.
• 36-3-22. Copy of survey and plat furnished to county authorities.
• 36-3-23. Filing of survey and plat with Secretary of State; time for protest or exceptions thereto.
• 36-3-24. Notice and hearing of protest or exceptions by Secretary of State.
• 36-3-25. Recordation of survey and plat; conclusive effect; subsequent changes of boundary line.
• 36-3-26. Compensation of land surveyor; notification of county authorities of fee; advisory committee.
• 36-3-27. Payment by county authorities of compensation; tax levy.

- County boundaries generally, Vol. 42, Index of Local and Special Laws.

JUDICIAL DECISIONS

Presumption of compliance with statute.

- An order of the Governor appointing a surveyor to make a survey and plat of a disputed county line will be presumed, until the contrary appears, to have been made in full compliance with statutes providing for settlement of disputed county line. Fine v. Dade County, 198 Ga. 655, 32 S.E.2d 246 (1944).

When lands sought to be taxed by one county become part of another county, this status remains until there is another survey of line, after which the lands became a part of the former county. Kennedy v. Howard, 183 Ga. 410, 188 S.E. 673 (1936).

Cited in Calhoun County v. Early County, 205 Ga. 169, 52 S.E.2d 854 (1949).

ARTICLE 1 CHANGE OF BOUNDARIES

Cross references.

- Limitation of number of counties to 159, Ga. Const. 1983, Art. IX, Sec. I, Para. II(a).

Changing of county lines by operation of general law only and consolidation, merger, or division of counties generally, Ga. Const. 1983, Art. IX, Sec. I, Para. II(b) and (c).

Change in boundaries of election districts within counties, § 21-2-261 et seq.

County boundaries generally, Vol. 42, Index of Local and Special Laws.