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H0856.....................................................by WAYS AND MEANS
ANNEXATION - CITIES - Amends existing law to provide conditions that must
be met for land outside a negotiated area of impact to be annexed into a
city.
03/29 House intro - 1st rdg - to printing
03/30 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 856
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION INTO A CITY; AMENDING SECTION 50-222, IDAHO CODE, TO
3 PROVIDE CONDITIONS THAT MUST BE MET FOR LAND OUTSIDE A NEGOTIATED AREA OF
4 IMPACT TO BE ANNEXED INTO A CITY AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature
9 hereby declares and determines that it is the policy of the state of Idaho
10 that cities of the state should be able to annex lands which are reasonably
11 necessary to assure the orderly development of Idaho's cities in order to
12 allow efficient and economically viable provision of tax-supported and fee-
13 supported municipal services, to enable the orderly development of private
14 lands which benefit from the cost-effective availability of municipal services
15 in urbanizing areas and to equitably allocate the costs of public services in
16 management of development on the urban fringe.
17 (2) General authority. Cities have the authority to annex land into a
18 city upon compliance with the procedures required in this section. In any
19 annexation proceeding, all portions of highways lying wholly or partially
20 within an area to be annexed shall be included within the area annexed unless
21 expressly agreed between the annexing city and the governing board of the
22 highway agency providing road maintenance at the time of annexation. Provided
23 further, that said city council shall not have the power to declare such land,
24 lots or blocks a part of said city if they will be connected to such city only
25 by a shoestring or strip of land which comprises a railroad or highway right-
26 of-way.
27 (3) Annexation classifications. Annexations shall be classified and proc-
28 essed according to the standards for each respective category set forth
29 herein. The three (3) categories of annexation are:
30 (a) Category A: Annexations wherein all private landowners raise no
31 objection to annexation, or annexations of any residential enclaved lands
32 of less that than one hundred (100) privately-owned parcels, irrespective
33 of surface area, which are surrounded on all sides by land within a city
34 or which are bounded on all sides by lands within a city and by lands for
35 which owner approval must be given pursuant to subsection (5)(b)(v) of
36 this section, or which are bounded on all sides by lands within a city and
37 by the boundary of the city's area of city impact.
38 (b) Category B: Annexations wherein:
39 (i) The subject lands contain less than one hundred (100) separate
40 private ownerships and platted lots of record and where not all such
41 landowners have consented to annexation; or
42 (ii) The subject lands contain more than one hundred (100) separate
43 private ownerships and platted lots of record and where landowners
2
1 owning more than fifty percent (50%) of the area of the subject pri-
2 vate lands have evidenced their consent to annexation at the outset
3 of the annexation process; or
4 (iii) The lands are the subject of a development moratorium or a
5 water or sewer connection restriction imposed by state or local
6 health or environmental agencies; provided such lands shall not be
7 counted for purposes of determining the number of separate private
8 ownerships and platted lots of record aggregated to determine the
9 appropriate category.
10 (c) Category C: Annexations wherein the subject lands contain more than
11 one hundred (100) separate private ownerships and platted lots of record
12 and where landowners owning more than fifty percent (50%) of the area of
13 the subject private lands have not evidenced their consent to annexation
14 at the outset of the annexation process.
15 (4) Evidence of consent to annexation. For purposes of this section,
16 prior consent to annex shall be deemed given when evidenced by written autho-
17 rization or approval executed by the owner or the owner's authorized agent.
18 Consent shall be implied for the area of all lands connected to a water or
19 wastewater collection system operated by the city and for lands subject to a
20 written consent to annex recorded in the county recorder's office. Written
21 consent to annex lands, if recorded in the county recorder's office, shall be
22 binding upon subsequent purchasers, heirs, or assigns of lands addressed in
23 the consent. Lands need not be contiguous or adjacent to the city limits at
24 the time the landowner consents to annexation for the property to be subject
25 to a valid consent to annex; provided however, no annexation of lands shall
26 occur, irrespective of consent, until such land becomes contiguous or adjacent
27 to such city.
28 (5) Annexation procedures. Annexation of lands into a city shall follow
29 the procedures applicable to the category of lands as established by this sec-
30 tion. The implementation of any annexation proposal wherein the city council
31 determines that annexation is appropriate shall be concluded with the passage
32 of an ordinance of annexation.
33 (a) Procedures for category A annexations: Lands lying contiguous or
34 adjacent to any city in the state of Idaho may be annexed by the city if
35 the proposed annexation meets the requirements of category A. Upon deter-
36 mining that a proposed annexation meets such requirements, a city may ini-
37 tiate the planning and zoning procedures set forth in chapter 65, title
38 67, Idaho Code, to establish the comprehensive planning policies, where
39 necessary, and zoning classification of the lands to be annexed.
40 (b) Procedures for category B annexations: A city may annex lands that
41 would qualify under the requirements of category B annexation if the fol-
42 lowing requirements are met:
43 (i) The lands are contiguous or adjacent to the city and lie within
44 the city's area of city impact;
45 (ii) The land is laid off into lots or blocks containing not more
46 than five (5) acres of land each, whether the same shall have been or
47 shall be laid off, subdivided or platted in accordance with any stat-
48 ute of this state or otherwise, or whenever the owner or proprietor
49 or any person by or with his authority has sold or begun to sell off
50 such contiguous or adjacent lands by metes and bounds in tracts not
51 exceeding five (5) acres, or whenever the land is surrounded by the
52 city. Splits of ownership which occurred prior to January 1, 1975,
53 and which were the result of placement of public utilities, public
54 roads or highways, or railroad lines through the property shall not
55 be considered as evidence of an intent to develop such land and shall
3
1 not be sufficient evidence that the land has been laid off or subdi-
2 vided in lots or blocks. A single sale after January 1, 1975, of five
3 (5) acres or less to a family member of the owner for the purpose of
4 constructing a residence shall not constitute a sale within the mean-
5 ing of this section. For purposes of this section, "family member"
6 means a natural person or the spouse of a natural person who is
7 related to the owner by blood, adoption or marriage within the first
8 degree of consanguinity;
9 (iii) Preparation and publication of a written annexation plan,
10 appropriate to the scale of the annexation contemplated, which
11 includes, at a minimum, the following elements:
12 (A) The manner of providing tax-supported municipal services to
13 the lands proposed to be annexed;
14 (B) The changes in taxation and other costs, using examples,
15 which would result if the subject lands were to be annexed;
16 (C) The means of providing fee-supported municipal services, if
17 any, to the lands proposed to be annexed;
18 (D) A brief analysis of the potential effects of annexation
19 upon other units of local government which currently provide
20 tax-supported or fee-supported services to the lands proposed to
21 be annexed; and
22 (E) The proposed future land use plan and zoning designation or
23 designations, subject to public hearing, for the lands proposed
24 to be annexed;
25 (iv) Compliance with the notice and hearing procedures governing a
26 zoning district boundary change as set forth in section 67-6511,
27 Idaho Code, on the question of whether the property should be annexed
28 and, if annexed, the zoning designation to be applied thereto; pro-
29 vided however, the initial notice of public hearing concerning the
30 question of annexation and zoning shall be published in the official
31 newspaper of the city and mailed by first class mail to every prop-
32 erty owner with lands included in such annexation proposal not less
33 than twenty-eight (28) days prior to the initial public hearing. All
34 public hearing notices shall establish a time and procedure by which
35 comments concerning the proposed annexation may be received in writ-
36 ing and heard and, additionally, public hearing notices delivered by
37 mail shall include a one (1) page summary of the contents of the
38 city's proposed annexation plan and shall provide information regard-
39 ing where the annexation plan may be obtained without charge by any
40 property owner whose property would be subject to the annexation pro-
41 posal.
42 (v) In addition to the standards set forth elsewhere in this sec-
43 tion, annexation of the following lands must meet the following
44 requirements:
45 (A) Property, owned by a county or any entity within the
46 county, that is used as a fairgrounds area under the provisions
47 of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
48 Idaho Code, must have the consent of a majority of the board of
49 county commissioners of the county in which the property lies;
50 and
51 (B) Property, owned by a nongovernmental entity, that is used
52 to provide outdoor recreational activities to the public and
53 that has been designated as a planned unit development of fifty
54 (50) acres or more and does not require or utilize any city ser-
55 vices must have the express written permission of the nongovern-
4
1 mental entity owner.
2 (vi) After considering the written and oral comments of property
3 owners whose land would be annexed and other affected persons, the
4 city council may proceed with the enactment of an ordinance of annex-
5 ation and zoning. In the course of the consideration of any such
6 ordinance, the city must make express findings, to be set forth in
7 the minutes of the city council meeting at which the annexation is
8 approved, as follows:
9 (A) The land to be annexed meets the applicable requirements of
10 this section and does not fall within the exceptions or condi-
11 tional exceptions contained in this section;
12 (B) The annexation would be consistent with the public purposes
13 addressed in the annexation plan prepared by the city;
14 (C) The annexation is reasonably necessary for the orderly
15 development of the city;
16 (vii) Notwithstanding any other provision of this section, railroad
17 right-of-way property may be annexed pursuant to this section only
18 when property within the city adjoins or will adjoin both sides of
19 the right-of-way.
20 (c) Procedures for category C annexations: A city may annex lands that
21 would qualify under the requirements of category C annexation if the fol-
22 lowing requirements are met:
23 (i) Compliance with the procedures governing category B annex-
24 ations; and
25 (ii) Evidence of consent to annexation based upon the following pro-
26 cedures:
27 (A) Following completion of all procedures required for consid-
28 eration of a category B annexation, but prior to enactment of an
29 annexation ordinance and upon an affirmative action by the city
30 council, the city shall mail notice to all private landowners
31 owning lands within the area to be annexed, exclusive of the
32 owners of lands that receive water or sewer service and owners
33 of lands that are subject to a recorded consent to annex. Such
34 notice shall invite property owners to either give written con-
35 sent or express written opposition to the annexation, include a
36 description of how that consent or opposition can be made and
37 where it can be filed, and inform the landowners where the
38 entire record of the subject annexation may be examined. Such
39 mailed notice shall also include a legal description of the
40 lands proposed for annexation and a simple map depicting the
41 location of the subject lands.
42 (B) Each landowner desiring to consent to or oppose the pro-
43 posed annexation must submit the consent or opposition, in writ-
44 ing, to the city clerk by a date specified in the notice, which
45 date shall not be sooner than twenty-one (21) days after the
46 date of the mailing of such notice.
47 (C) After the date specified in the notice for receipt of writ-
48 ten consent or opposition, the city clerk shall compile and
49 present to the city council a report setting forth: (i) the
50 total physical area sought to be annexed, and (ii) the total
51 physical area of the lands, as expressed in acres or square
52 feet, whose owners have consented in writing to the annexation,
53 plus the area of all lands receiving water or sewer service from
54 the city and the area of all lands subject to a recorded consent
55 to annex. Objections received after the conclusion of the
5
1 twenty-one (21) day period shall not be considered unless the
2 late objection is due to the city's failure to follow the proce-
3 dures provided herein. Objections received from owners of lands
4 subject to a recorded consent to annex, or from owners receiving
5 water or sewer service from the city, shall not be considered
6 objections for purposes of this section. The clerk shall report
7 the results to the city council.
8 (D) Upon receiving such report, the city council shall review
9 the results and may thereafter confirm whether consent was
10 received from the owners of a majority of the land areas and
11 those providing written consent, in addition to all lands sub-
12 ject to the implied consent provisions set forth herein and
13 those subject to consent of record in the office of the county
14 recorder. The results of the report shall be reflected in the
15 minutes of the city council. If the report as accepted by the
16 city council confirms that owners of more land area have con-
17 sented to annexation than oppose such annexation, the city coun-
18 cil may enact an ordinance of annexation, which thereafter shall
19 be published and become effective according to the terms of the
20 ordinance. If the report confirms that owners of more land area
21 oppose annexation than consent to such annexation, the category
22 C annexation shall not be authorized.
23 (6) The decision of a city council to annex and zone lands as a category
24 B or category C annexation shall be subject to judicial review in accordance
25 with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
26 to the standards set forth in section 67-5279, Idaho Code. Any such appeal
27 shall be filed by an affected person in the appropriate district court no
28 later than twenty-eight (28) days after the date of publication of the annex-
29 ation ordinance. All cases in which there may arise a question of the validity
30 of any annexation under this section shall be advanced as a matter of immedi-
31 ate public interest and concern, and shall be heard by the district court at
32 the earliest practicable time.
33 (7) Annexation of noncontiguous municipal airfield. A city may annex land
34 that is not contiguous to the city and is occupied by a municipally owned or
35 operated airport or landing field. However, a city may not annex any other
36 land adjacent to such noncontiguous facilities which is not otherwise
37 annexable pursuant to this section.
38 (8) A city shall not annex land into the city that is outside its negoti-
39 ated area of impact or land that is in another city's negotiated area of
40 impact without the consent of a majority of the members of the city council of
41 the city whose area of impact will be affected. Such permission shall not be
42 arbitrarily denied if it is within the best interests of the public.
43 The following factors shall be considered for an annexation to be in the
44 best interests of the public:
45 (a) The manner and cost of providing tax supported municipal services to
46 the lands proposed to be included in the annexation;
47 (b) The changes in taxation and other costs which would result if the
48 subject lands were to be included in the annexation;
49 (c) The means of providing fee supported municipal services, if any, to
50 the lands to be included in the annexation;
51 (d) An analysis of the potential effects of annexation upon other units
52 of local government with currently provided tax supported or fee supported
53 services to the lands to be included in the annexation; and
54 (e) The proposed future land use plan and zoning designation or designa-
55 tions, subject to public hearing, for the lands proposed to be included in
6
1 the annexation.
2 (9) A city shall not annex land into the city that is outside its negoti-
3 ated area of impact without consent of the county commissioners.
STATEMENT OF PURPOSE
RS 16177
The purpose of this bill is to restrict the cities' ability to
annex outside of their negotiated area of impact.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep Mike Moyle
Phone: 208 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 856