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Commentary / City annexations and tax abatements need reform Editor’s note: Annexations and tax breaks have become politically contentious issues between many county and city governments. DeKalb County and Brookhaven have been involved in recent legal disputes over both issues; in Atlanta, the city government and public school system have demanded more control over tax abatements granted by Fulton County’s development authority. The Reporter asked state Rep. Mary Margaret Oliver to explain a package of legislation she is proposing to reform annexations and abatements. The creation of the new city of Sandy Springs in 2005 after political control of the Georgia General Assembly shifted to the Republicans impacted the local governments of existing cities and counties throughout the Atlanta region. Since 2005, all of Fulton County has been municipalized with the creation of new cities of Milton, Johns Creek and South Fulton and the expansion of existing cities. In DeKalb County, the city of Dunwoody was created in 2008, Brookhaven in 2012, Tucker in 2016, and Stonecrest in 2017. Other new cities have been proposed, the voters have voted against a few, and legislation to create more municipalities will be filed in the 2021 session. In and around all these incorporations are related annexations and expansions of new city lines with and without opposition, and many lawsuits. For many of these political creations, opposition has been contentious and costly, whether it has come from citizens or businesses. It is also true, however, that the new cities are popular with most voters, and the annexations have benefited businesses and cities. What is not clear is whether these changes have benefited the larger number of citizens who continue to live in unincorporated portions of counties. None of these new cities or annexations has been examined in view of comprehensive planning or economic development of the counties impacted. And most have offered new forms of tax benefits to developers and property owners as inducements to annexations. My district, HD 82, includes parts of Decatur, Brookhaven, Chamblee and Tucker, and has been ground central
in a variety of cityhood and annexaamends the Title 36-36-111 et seq annextion proposals. Prior maps have includation procedure by requiring the notice ed my neighborhood of Druid Hills in of the filing of the annexation petition efforts to incorporate what remains of to disclose any proposed tax abateunincorporated DeKalb County. ments, rebates or other financial incenI have filed proposed legislation tives that a development authority of(House Bills 23, 24 fers the annexing and 66) to strengthproperty owners. en the two existing Finally, HB 66 statutes that progrants standing to vide oversight to anany local school sysnexations and issutem or other governance of bonds in tax ing authority petiabatement offerings tioning for revenue (OCGA 36-36-110 and bond validation un111, and OCGA 36der OCGA 36-82-77. 82-77). The purpose Recently, a DeKalb of these measures Superior Court judge is to provide greater granted standing Mary Margaret Oliver (D-Decatur) is transparency and alto DeKalb County the state representative for District 82, which includes part of Brookhaven. low participation by School District in a impacted local govbond validation proernments, including school systems. My ceeding over the objection of a developfirst priority is to create public discusment authority. sion for citizens and all the interested Since prefiling these bills in Nogovernments and stakeholders to provember, I have met with lawyers for pose how we can improve the statutory Brookhaven and DeKalb County and processes for annexations and new citrepresentatives from the Association of ies. County Commissioners of Georgia and OCGA Title 36-36-110 et seq provides Georgia Cities United, and I have solica procedure for a county to object to a ited advice from many others. From petition for annexation filed with a city these discussions, I have made changes and for the Department of Community to early drafts based on good and generAffairs to create arbitration panels to ous advice. I am ready to and hope we hear the dispute based on specific stancan continue these helpful discussions dards, and this procedure most recently in hearings before the House Governhas been used by DeKalb County to obmental Affairs Committee and its new ject to an annexation filed by the city of chair, Darlene Taylor. Brookhaven. My bill, HB 23, gives the loOur current systems for city crecal Board of Education ability to file an ation and the multiple annexation proobjection to an annexation and utilize cedures need reform to create greater the arbitration panel review process. transparency and participation. The companion proposal, HB 24,
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