2006 Legislation
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HOUSE BILL NO. 779 – Cities, annexation

HOUSE BILL NO. 779

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H0779...............................................by REVENUE AND TAXATION
CITIES - ANNEXATION - Repeals, adds to and amends existing law to provide
for annexation of adjacent territory; to provide for content of all
annexation proposals; to provide for voluntary annexation or annexation by
request; to provide for involuntary annexation or annexation by force; to
provide for annexation of railroad right-of-way property under certain
conditions; to preclude annexation of property used as a fairgrounds area
unless approved by the board of county commissioners; and to preclude
annexation of certain property owned by a nongovernmental entity used to
provide outdoor recreational activities to the public unless express
written permission is given by the nongovernmental entity.
                                                                        
03/07    House intro - 1st rdg - to printing
03/08    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 779
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANNEXATION OF ADJACENT  TERRITORY  BY  CITIES;  REPEALING  SECTION
  3        50-222,  IDAHO CODE, RELATING TO ANNEXATION BY CITIES; AMENDING CHAPTER 2,
  4        TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-222, IDAHO CODE,
  5        TO PROVIDE FOR ANNEXATION OF ADJACENT TERRITORY, TO PROVIDE FOR CONTENT OF
  6        ALL ANNEXATION PROPOSALS, TO PROVIDE FOR VOLUNTARY  ANNEXATION  OR  ANNEX-
  7        ATION  BY  REQUEST, TO PROVIDE FOR INVOLUNTARY ANNEXATION OR ANNEXATION BY
  8        FORCE, TO PROVIDE FOR ANNEXATION OF RAILROAD RIGHT-OF-WAY  PROPERTY  UNDER
  9        CERTAIN  CONDITIONS,  TO  PRECLUDE  ANNEXATION OF PROPERTY USED AS A FAIR-
 10        GROUNDS AREA UNLESS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS  AND  TO
 11        PRECLUDE  ANNEXATION OF CERTAIN PROPERTY OWNED BY A NONGOVERNMENTAL ENTITY
 12        USED TO PROVIDE OUTDOOR  RECREATIONAL  ACTIVITIES  TO  THE  PUBLIC  UNLESS
 13        EXPRESS  WRITTEN  PERMISSION  IS  GIVEN BY THE NONGOVERNMENTAL ENTITY; AND
 14        AMENDING SECTION 55-2508, IDAHO CODE, TO DELETE  REFERENCE  TO  A  WRITTEN
 15        CONSENT TO ANNEX.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION  1.  That  Section  50-222, Idaho Code, be, and the same is hereby
 18    repealed.
                                                                        
 19        SECTION 2.  That Chapter 2, Title 50, Idaho Code,  be,  and  the  same  is
 20    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 21    ignated as Section 50-222, Idaho Code, and to read as follows:
                                                                        
 22        50-222.  ANNEXATION OF ADJACENT TERRITORY. (1) Except as provided  herein,
 23    on  and  after July 1, 2006, any land lying contiguous or adjacent to any city
 24    in the state of Idaho, or to any addition or extension thereof may be  annexed
 25    by the city only if the land is lying in the area of city impact as determined
 26    by  procedures  contained in section 67-6526, Idaho Code, and the land is laid
 27    off into legal parcels containing fewer than five (5) physical acres  of  land
 28    each  without  regard  to  the existence of easements, setback requirements or
 29    other interests in lands or laws or regulations affecting the amount  of  land
 30    which  may  be  developed  or  used, and either the owner of the land requests
 31    annexation, or the provisions of this section are  complied  with.  Said  land
 32    shall  be  eligible  for  annexation whenever the same land shall have been or
 33    shall be laid off, subdivided or platted in accordance  with  any  statute  of
 34    this  state  or  otherwise  on or after the effective date of this section, or
 35    whenever the owner or proprietor or any person by or with his  authority,  has
 36    sold  or  begun  to  sell  off  such contiguous or adjacent lands by metes and
 37    bounds in parcels of less than five (5) acres on or after the  effective  date
 38    of this section. In any annexation of adjacent territory, the annexation shall
 39    include  all portions of highways lying wholly or partially within the annexed
 40    area.
 41        (2)  All annexation proposals shall include, at a minimum:
 42        (a)  A map or  maps  of  the  city  and  adjacent  territory  clearly  and
                                                                        
                                           2
                                                                        
  1        unambiguously  showing  the  present  and proposed boundaries of the city,
  2        including  streets  and  roads,   major   utility   trunk   lines,   sewer
  3        interceptors,  drainage  lines  and  collectors  in  the area proposed for
  4        annexation, and proposed land use designations or zones in the area to  be
  5        annexed.
  6        (b)  A statement setting forth plans and dates established by the city for
  7        extending  or  otherwise  providing services within the area to be annexed
  8        including, but not limited to, water, sewer, police, fire protection, san-
  9        itation and other services as applicable.
 10        (c)  A statement setting forth the method under which the  city  plans  to
 11        finance the providing of city services in the proposed area of annexation.
 12        (d)  A  statement of the effect of the proposed annexation upon local pub-
 13        lic school districts, including the estimated number  of  additional  stu-
 14        dents and capital construction required to educate these students.
 15        (e)  A statement setting forth the anticipated financial and other effects
 16        on  residents and landowners in the area proposed to be annexed including,
 17        without limitation, increases in real property and other taxes and changes
 18        in zoning, business, and other regulations affecting the businesses, resi-
 19        dents and landowners in the area proposed to be annexed.
 20        (3)  Voluntary annexation or annexation by request.
 21        (a)  The governing body of any municipality may  annex  by  ordinance  any
 22        area lying entirely within the area of city impact as determined by proce-
 23        dures  contained  in  section  67-6526, Idaho Code, which is contiguous or
 24        adjacent to current city boundaries, and does not surround land  owned  by
 25        others,  upon  the  express  written  request to be annexed, of two-thirds
 26        (2/3) of the real property owners located within  the  area  proposed  for
 27        annexation, such request being directed to the governing body within three
 28        (3)  months of the commencement of the annexation process by the governing
 29        board. No request shall be effective after three (3) months unless renewed
 30        in writing to the governing body.
 31        (b)  The governing body of any municipality may  annex  by  ordinance  any
 32        land  owned  by  a  single  landowner upon the landowner's express written
 33        request to the governing body without regard to the acreage involved, pro-
 34        vided said land is entirely within the area of city impact  as  determined
 35        by  procedures  contained in section 67-6526, Idaho Code, is contiguous or
 36        adjacent to current city boundaries, and does not surround land  owned  by
 37        others.
 38        (4)  Involuntary annexation or annexation by force.
 39        (a)  Proposal and hearings. A city may propose to annex adjacent territory
 40        by  ordinance  pursuant to the provisions of this subsection (4). Not more
 41        than one (1) territory shall be proposed for annexation  in  any  six  (6)
 42        month  period. Following an annexation proposal by the governing body, the
 43        governing body at its expense shall hold at least two (2) public  hearings
 44        regarding  the proposed annexation. The hearings shall be held in the ter-
 45        ritory proposed to be annexed, or as close to said territory as is practi-
 46        cable, and said hearings shall be held in a public place that has adequate
 47        space to accommodate those wishing to attend. The hearings shall  be  held
 48        as  close  to 7:00 p.m. as possible. At least twenty (20) days before each
 49        hearing, hearing notices stating the date, time and location of each hear-
 50        ing and containing both a map clearly and unambiguously showing the entire
 51        area proposed for annexation and the statements required under subsections
 52        (2)(d) and (2)(e) of this section, shall be sent to  each  property  owner
 53        and registered voter in the territory by first class mail. At least twenty
 54        (20)  days  before  each  hearing, notice shall also be published in local
 55        newspapers of general circulation in the area proposed for annexation, and
                                                                        
                                           3
                                                                        
  1        posted in prominent places throughout the area proposed for annexation. At
  2        least two (2) weeks before each hearing, the city shall make  available  a
  3        plan  and timetable for providing city services including, but not limited
  4        to, police, fire, emergency medical  and any other services as applicable,
  5        and the projected costs and methods of financing for the area proposed for
  6        annexation.
  7        (b)  Objections. If within ninety (90) calendar days of the conclusion of
  8        the final public hearing held by the governing body  concerning  the  pro-
  9        posed annexation, a number of registered voters in the area proposed to be
 10        annexed equal to twenty percent (20%) of the number of voters in said area
 11        who  voted in the last general election, object to the proposed annexation
 12        in writing or by petition, or a combination thereof, to the clerk  of  the
 13        county or counties where property is located, an election shall be held on
 14        the question.
 15        (c)  Election.  Any election held pursuant to this subsection (4) shall be
 16        conducted in accordance with Idaho's general election laws using  a  sepa-
 17        rate ballot and shall be held on one (1) of the dates specified in section
 18        34-106,  Idaho  Code.  A  separate ballot form as provided by law shall be
 19        used, clearly stating the question: "For annexation of (named  territory)"
 20        or  "Against  annexation of (named territory)." Voting boundaries shall be
 21        drawn to include only those registered electors within the territory  pro-
 22        posed  for  annexation. If a majority of those voting in the election vote
 23        in favor of annexation, the governing  body  may  adopt  an  ordinance  to
 24        effect  the  annexation.  If a majority of those voting in the election do
 25        not favor the annexation, the question shall be lost  and  the  annexation
 26        shall  be  denied. No annexation ordinance affecting this territory or any
 27        part of it shall be made or proposed for a three (3) year period following
 28        the election; provided however, the provisions for annexation pursuant  to
 29        subsection  (3)(b) of this section shall not be affected by the provisions
 30        of this subsection (4).
 31        (d)  Alternatives to annexation. In lieu of annexation, the governing body
 32        of a municipality may provide services by  entering  into  contracts  with
 33        owners  of  property  in the vicinity of the city, provided the recipients
 34        pay for such services. No city may require consent to annexation from such
 35        property owners as a condition of providing contracted services, or  imply
 36        or infer a consent to be annexed.
 37        (5)  Railroad  right-of-way  property  may be annexed when property within
 38    the city adjoins both sides of the right-of-way notwithstanding any other pro-
 39    vision of this section. Provided, that the city may  annex  only  those  areas
 40    which  can  be  reasonably  assumed  to be used for orderly development of the
 41    city. Provided further, that said governing body shall not have the  power  to
 42    declare  such  land,  lots  or blocks a part of said city if they will be con-
 43    nected to such city only by a shoestring or strip of land upon a public  high-
 44    way.
 45        (6)  Notwithstanding  any  other  provision of law, no governing body of a
 46    municipality shall have authority to annex property owned by a county  or  any
 47    entity  within  the  county which property is used as a fairgrounds area under
 48    the provisions of chapter 8, title 31, Idaho Code, or  chapter  2,  title  22,
 49    Idaho  Code,  without the consent of a majority of the board of county commis-
 50    sioners of the county in which said property lies.
 51        (7)  Notwithstanding any other provision of law, no governing  body  of  a
 52    municipality shall have authority to annex property owned by a nongovernmental
 53    entity used to provide outdoor recreational activities to the public which has
 54    been  designated as a planned unit development of fifty (50) acres or more and
 55    does not require or utilize any city services,  without  the  express  written
                                                                        
                                           4
                                                                        
  1    permission  of  the nongovernmental entity whose property is subject to annex-
  2    ation.
                                                                        
  3        SECTION 3.  That Section 55-2508, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        55-2508.  DISCLOSURE  FORM.  The disclosures required by the provisions of
  6    this article pertaining to the property proposed to  be  transferred  are  set
  7    forth  in  and  shall be made on a copy of the following disclosure form or an
  8    alternative form as provided in section 55-2506, Idaho Code:
                                                                        
  9                           SELLER PROPERTY DISCLOSURE FORM
 10    SELLER'S NAME AND ADDRESS: ...................................................
 11        Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
 12    property to complete a property condition disclosure form.
                                                                        
 13        PURPOSE OF STATEMENT: This is a statement of the conditions  and  informa-
 14    tion  concerning  the  property known by the Seller. Unless otherwise advised,
 15    the Seller does not possess  any  expertise  in  construction,  architectural,
 16    engineering  or any other specific areas related to the construction or condi-
 17    tion of the improvements on the property. Other than having lived at or owning
 18    the property, the Seller possesses no greater knowledge than that which  could
 19    be  obtained upon a careful inspection of the property by the potential buyer.
 20    Unless otherwise advised, the Seller has not conducted any inspection of  gen-
 21    erally inaccessible areas such as the foundation or roof. It is not a warranty
 22    of  any  kind  by  the  Seller or by any agent representing any Seller in this
 23    transaction. It is not a substitute for any inspections. Purchaser is  encour-
 24    aged  to  obtain  his/her  own  professional inspections. Notwithstanding that
 25    transfer of newly constructed residential real property  that  previously  has
 26    not  been  inhabited  is  exempt  from disclosure pursuant to section 55-2505,
 27    Idaho Code, Sellers of such newly constructed residential real property  shall
 28    disclose  information  regarding  annexation  and city services in the form as
 29    prescribed in questions 1., and 2. and 3.
 30    1.  Is the property located in an area of city impact, adjacent or  contiguous
 31    to a city limits, and thus legally subject to annexation by the city? .... Yes
 32    .... No
 33    2.  Does  the  property, if not within city limits, receive any city services,
 34    thus making it legally subject to annexation by the city? .... Yes .... No
 35    3.  Does the property have a written consent to annex recorded in  the  county
 36    recorder's  office,  thus making it legally subject to annexation by the city?
 37    .... Yes .... No
 38    4.  All appliances  and  service  systems  included  in  the  sale,  (such  as
 39    refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
 40    uum,  microwave  oven,  trash  compactor,  smoke  detectors,  tv antenna/dish,
 41    fireplace/wood stove, water heater, garage door opener,  pool/hot  tub,  etc.)
 42    are functioning properly except: (please list and explain) ...................
 43    ..............................................................................
 44    54.  Specify problems with the following:
 45        Basement water ...........................................................
 46        Foundation ...............................................................
 47        Roof condition and age ...................................................
 48        Well (type) ...................... problem ...............................
 49        Septic system (type) ............. problem ...............................
 50        Plumbing .................................................................
 51        Drainage .................................................................
                                                                        
                                           5
                                                                        
  1        Electrical ...............................................................
  2        Heating ..................................................................
  3    65.  Describe any conditions that may affect your ability to clear title (such
  4    as encroachments, easements, zoning violations, lot line disputes, etc.): ....
  5    ..............................................................................
  6    76.  Are  you  aware  of  any  hazardous materials or pest infestations on the
  7    property? ....................................................................
  8    87.  Have any substantial additions or alterations been made without a  build-
  9    ing permit? ..................................................................
 10    98.  Any  other  problems, including legal, physical or other not listed above
 11    that you know concerning the property: .......................................
                                                                        
 12        The Seller certifies that the information herein is true  and  correct  to
 13    the best of Seller's knowledge as of the date signed by the Seller. The Seller
 14    is  familiar with the residential real property and each act performed in mak-
 15    ing a disclosure of an item of information  is  made  and  performed  in  good
 16    faith.
 17        I/we acknowledge receipt of a copy of this statement.
 18    Seller:                                  Buyer:
 19    ........................                 .........................
 20    Date: ..................                 Date: ...................
                                                                        
 21    ........................                 .........................
 22    Date: ..................                 Date: ...................

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16176

This legislation repeals current Section 50-222, I.C. relating to
annexation by cities, and replaces it with language that provides
for annexation of adjacent territory by voluntary annexation, or
annexation by request.  Except when consent is obtained from those
to be annexed, a city will give notice of intent to annex, hold a
public hearing, and, if objection specifications are met, conduct
an election in the affected area under certain conditions. 
Further, that a city must comply with this section before it can
annex adjacent territory.  This legislation will also amend Section
55-2508, I.C. to delete reference to a written consent to annex.



                           FISCAL NOTE

There is no fiscal impact to the general fund.





Contact
Name: Rep Cliff Bayer 
Phone: 332-1000
Rep Mike Moyle
332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 779