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S1162......................................................by STATE AFFAIRS
ANNEXATION - Amends, adds to and repeals existing law relating to
annexation of adjacent territory by cities to provide for annexation of
adjacent territory; to provide for content of all annexation proposals; to
provide for voluntary 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.
02/16 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1162
BY STATE AFFAIRS 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; AND AMENDING CHAPTER
4 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-222, IDAHO
5 CODE, TO PROVIDE FOR ANNEXATION OF ADJACENT TERRITORY, TO PROVIDE FOR CON-
6 TENT OF ALL ANNEXATION PROPOSALS, TO PROVIDE FOR VOLUNTARY ANNEXATION OR
7 ANNEXATION BY REQUEST, TO PROVIDE FOR INVOLUNTARY ANNEXATION OR ANNEXATION
8 BY FORCE, TO PROVIDE FOR ANNEXATION OF RAILROAD RIGHT-OF-WAY PROPERTY
9 UNDER CERTAIN CONDITIONS, TO PRECLUDE ANNEXATION OF PROPERTY USED AS A
10 FAIRGROUNDS AREA UNLESS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AND
11 TO PRECLUDE ANNEXATION OF CERTAIN PROPERTY OWNED BY A NONGOVERNMENTAL
12 ENTITY USED TO PROVIDE OUTDOOR RECREATIONAL ACTIVITIES TO THE PUBLIC
13 UNLESS EXPRESS WRITTEN PERMISSION IS GIVEN BY THE NONGOVERNMENTAL ENTITY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
16 repealed.
17 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 50-222, Idaho Code, and to read as follows:
20 50-222. ANNEXATION OF ADJACENT TERRITORY. (1) Except as provided herein,
21 on and after July 1, 2007, any land lying contiguous or adjacent to any city
22 in the state of Idaho, or to any addition or extension thereof may be annexed
23 by the city only if the land is lying in the area of city impact as determined
24 by procedures contained in section 67-6526, Idaho Code, and the land is laid
25 off into legal parcels containing fewer than five (5) physical acres of land
26 each without regard to the existence of easements, setback requirements or
27 other interests in lands or laws or regulations affecting the amount of land
28 which may be developed or used, and either the owner of the land requests
29 annexation, or the provisions of this section are complied with. Said land
30 shall be eligible for annexation whenever the same land shall have been or
31 shall be laid off, subdivided or platted in accordance with any statute of
32 this state or otherwise on or after the effective date of this section, or
33 whenever the owner or proprietor or any person by or with his authority, has
34 sold or begun to sell off such contiguous or adjacent lands by metes and
35 bounds in parcels of less than five (5) acres on or after the effective date
36 of this section. In any annexation of adjacent territory, the annexation shall
37 include all portions of highways lying wholly or partially within the annexed
38 area.
39 (2) All annexation proposals shall include, at a minimum:
40 (a) A map or maps of the city and adjacent territory clearly and
41 unambiguously showing the present and proposed boundaries of the city,
42 including streets and roads, major utility trunk lines, sewer
2
1 interceptors, drainage lines and collectors in the area proposed for
2 annexation, and proposed land use designations or zones in the area to be
3 annexed.
4 (b) A statement setting forth plans and dates established by the city for
5 extending or otherwise providing services within the area to be annexed
6 including, but not limited to, water, sewer, police, fire protection, san-
7 itation and other services as applicable.
8 (c) A statement setting forth the method under which the city plans to
9 finance the providing of city services in the proposed area of annexation.
10 (d) A statement of the effect of the proposed annexation upon local pub-
11 lic school districts, including the estimated number of additional stu-
12 dents and capital construction required to educate these students.
13 (e) A statement setting forth the anticipated financial and other effects
14 on residents and landowners in the area proposed to be annexed including,
15 without limitation, increases in real property and other taxes and changes
16 in zoning, business, and other regulations affecting the businesses, resi-
17 dents and landowners in the area proposed to be annexed.
18 (3) Voluntary annexation or annexation by request.
19 (a) The governing body of any municipality may annex by ordinance any
20 area lying entirely within the area of city impact as determined by proce-
21 dures contained in section 67-6526, Idaho Code, which is contiguous or
22 adjacent to current city boundaries, upon the express written request to
23 be annexed, of two-thirds (2/3) of the real property owners located within
24 the area proposed for annexation, such request being directed to the gov-
25 erning body within three (3) months of the commencement of the annexation
26 process by the governing board. No request shall be effective after three
27 (3) months unless renewed in writing to the governing body.
28 (b) The governing body of any municipality may annex by ordinance any
29 land owned by a single landowner upon the landowner's express written
30 request to the governing body without regard to the acreage involved, pro-
31 vided said land is entirely within the area of city impact as determined
32 by procedures contained in section 67-6526, Idaho Code, and is contiguous
33 or adjacent to current city boundaries.
34 (4) Involuntary annexation or annexation by force.
35 (a) Proposal and hearings. A city may propose to annex adjacent territory
36 by ordinance pursuant to the provisions of this subsection (4). Not more
37 than one (1) territory shall be proposed for annexation in any six (6)
38 month period. Following an annexation proposal by the governing body, the
39 governing body at its expense shall hold at least two (2) public hearings
40 regarding the proposed annexation. The hearings shall be held in the ter-
41 ritory proposed to be annexed, or as close to said territory as is practi-
42 cable, and said hearings shall be held in a public place that has adequate
43 space to accommodate those wishing to attend. The hearings shall be held
44 as close to 7:00 p.m. as possible. At least twenty (20) days before each
45 hearing, hearing notices stating the date, time and location of each hear-
46 ing and containing both a map clearly and unambiguously showing the entire
47 area proposed for annexation and the statements required under subsections
48 (2)(d) and (2)(e) of this section, shall be sent to each property owner
49 and registered voter in the territory by first class mail. At least twenty
50 (20) days before each hearing, notice shall also be published in local
51 newspapers of general circulation in the area proposed for annexation, and
52 posted in prominent places throughout the area proposed for annexation. At
53 least two (2) weeks before each hearing, the city shall make available a
54 plan and timetable for providing city services including, but not limited
55 to, police, fire, emergency medical and any other services as applicable,
3
1 and the projected costs and methods of financing for the area proposed for
2 annexation.
3 (b) Objections. If within ninety (90) calendar days of the conclusion of
4 the final public hearing held by the governing body concerning the pro-
5 posed annexation, a number of registered voters in the area proposed to be
6 annexed equal to twenty percent (20%) of the number of voters in said area
7 who voted in the last general election, object to the proposed annexation
8 in writing or by petition, or a combination thereof, to the clerk of the
9 county or counties where property is located, an election shall be held on
10 the question.
11 (c) Election. Any election held pursuant to this subsection (4) shall be
12 conducted in accordance with Idaho's general election laws using a sepa-
13 rate ballot and shall be held on one (1) of the dates specified in section
14 34-106, Idaho Code. A separate ballot form as provided by law shall be
15 used, clearly stating the question: "For annexation of (named territory)"
16 or "Against annexation of (named territory)." Voting boundaries shall be
17 drawn to include only those registered electors within the territory pro-
18 posed for annexation. If a majority of those voting in the election vote
19 in favor of annexation, the governing body may adopt an ordinance to
20 effect the annexation. If a majority of those voting in the election do
21 not favor the annexation, the question shall be lost and the annexation
22 shall be denied. No annexation ordinance affecting this territory or any
23 part of it shall be made or proposed for a two (2) year period following
24 the election; provided however, the provisions for annexation pursuant to
25 subsection (3)(b) of this section shall not be affected by the provisions
26 of this subsection (4).
27 (d) Alternatives to annexation. In lieu of annexation, the governing body
28 of a municipality may provide services by entering into contracts with
29 owners of property in the vicinity of the city, provided the recipients
30 pay for such services. No city may require consent to annexation from such
31 property owners as a condition of providing contracted services, or imply
32 or infer a consent to be annexed.
33 (5) Railroad right-of-way property may be annexed when property within
34 the city adjoins both sides of the right-of-way notwithstanding any other pro-
35 vision of this section. Provided, that the city may annex only those areas
36 which can be reasonably assumed to be used for orderly development of the
37 city. Provided further, that said governing body shall not have the power to
38 declare such land, lots or blocks a part of said city if they will be con-
39 nected to such city only by a shoestring or strip of land upon a public high-
40 way.
41 (6) Notwithstanding any other provision of law, no governing body of a
42 municipality shall have authority to annex property owned by a county or any
43 entity within the county, which property is used as a fairgrounds area under
44 the provisions of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
45 Idaho Code, without the consent of a majority of the board of county commis-
46 sioners of the county in which said property lies.
47 (7) Notwithstanding any other provision of law, no governing body of a
48 municipality shall have authority to annex property owned by a nongovernmental
49 entity used to provide outdoor recreational activities to the public which has
50 been designated as a planned unit development of fifty (50) acres or more and
51 does not require or utilize any city services, without the express written
52 permission of the nongovernmental entity whose property is subject to annex-
53 ation.
STATEMENT OF PURPOSE
RS 17009C3
Relating to forced annexation by cities: This legislation repeals
current Section 50-222, Idaho Code, 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.
FISCAL NOTE
Passage of this legislation would result in no fiscal impact to the
general fund.
Contact
Name: Senator Russell Fulcher
Phone: 332-1000
Representative Cliff Bayer
Representative Mike Moyle
STATEMENT OF PURPOSE/FISCAL NOTE S 1162