Annexation of Local Entities/ Changing Municipal Status Flashcards
A City or town can annex county land by
1) Passing an ordinance to petition the CC in the county sought to be annexed
2) Notify the State Commission on local governments as well as other interested local governments (the commission will hold hearings and file a report within 6 months
3) A 3 judge panel will review the report from the State Commission and will consider a number of factors in determining whether to grant the petition (best interest of community/the state/services rendered)
A city does not need approval from the county to annex part of that county
Defense to annexation for Counties/Towns
Counties and Towns can petition the CC for immunity from annexation if they have
1) A total population of 20k and density of 300 people per mile; or
2) A total population of 50k and density of 140 people per mile
A county can annex territory from a town/city if
1) Secures 51% approval of voters in county
2) Secures approval of the town or city which has the authority to reject annexation
3) Go through the same process as cities or towns
Towns can become cities if 4 criteria are met
1) The town has a population of 5,000 or more
2) The town can provide urban services, including an independent school system
3) The change will not impair the ability of town’s current county to meet the needs of the remaining population
4) The change is in the best interest of the parties and the state
Cities Can become Towns if 6 Criteria are met
1) The city’s population is less than 50,000
2) The adjoining county must be a defendant in the proceeding
3) the change will not impair the ability of the county to meet the service need of its population
4) The change will not lead to a substantially inequitable sharing of resources or liabilities or new town and country
5) The proposed change is in the best interest of the city, country, state, and the people of the city or county
6) The proposed change is within the best interests of the state
