Jan 15, 2009

SB 220 -- Annexation (2)

SYNOPSIS: Provides, with certain exceptions, that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of: (1) at least 75% of the landowners in the territory proposed to be annexed; or (2) the owners of more than 75% in assessed valuation of the land in the annexed territory. Provides that, if the court finds that the petition has a sufficient number of signatures, a hearing will be conducted to review the annexation and fiscal plan. Allows a person to intervene as a party at the hearing to review the annexation and fiscal plan if: (1) the person is an owner of property in the territory; (2) the person, and no other owner of the property have signed the petition filed by the municipality; and (3) the person appeared at the hearing conducted by the municipality on the annexation ordinance or submitted a remonstrance or other document into the record of the hearing. Eliminates a procedure that requires the court to order an annexation not to take place if certain circumstances are shown. Removes provisions allowing a municipality to obtain waivers of a landowner's right to remonstrate against an annexation. Provides that in all circumstances an annexation becomes effective when the ordinance or judgment is filed by the municipal clerk.

SUPPORT: Part two of our annexation legislation for this session also provides some relief. In fact, this legislation puts more of the burden on the municipality attempting to annex the land. In this case, the municipality would be required to obtain 75% of the land owners (or assessed value holders) to sign off on the plan before the effort could move forward. Allowing the people to have a voice is a rather novel idea these days.

STATUS: Authored by Sen. Gard, referred to Committee on Local Government.

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