View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0524......................................................by STATE AFFAIRS ANNEXATION - Amends existing law to revise annexation categories; to revise the evidence of consent to annexation; and to revise procedures for evidence of consent for Category C annexations. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 524 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ANNEXATION; AMENDING SECTION 50-222, IDAHO CODE, TO REVISE ANNEX- 3 ATION CATEGORIES, TO REVISE THE EVIDENCE OF CONSENT TO ANNEXATION, TO 4 REVISE PROCEDURES FOR EVIDENCE OF CONSENT FOR CATEGORY C ANNEXATIONS AND 5 TO MAKE TECHNICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature 10 hereby declares and determines that it is the policy of the state of Idaho 11 that cities of the state should be able to annex lands which are reasonably 12 necessary to assure the orderly development of Idaho's cities in order to 13 allow efficient and economically viable provision of tax-supported and fee- 14 supported municipal services, to enable the orderly development of private 15 lands which benefit from the cost-effective availability of municipal services 16 in urbanizing areas and to equitably allocate the costs of public services in 17 management of development on the urban fringe. 18 (2) General authority. Cities have the authority to annex land into a 19 city upon compliance with the procedures required in this section. In any 20 annexation proceeding, all portions of highways lying wholly or partially 21 within an area to be annexed shall be included within the area annexed unless 22 expressly agreed between the annexing city and the governing board of the 23 highway agency providing road maintenance at the time of annexation. Provided 24 further, that said city council shall not have the power to declare such land, 25 lots or blocks a part of said city if they will be connected to such city only 26 by a shoestring or strip of land which comprises a railroad or highway right- 27 of-way. 28 (3) Annexation classifications. Annexations shall be classified and proc- 29 essed according to the standards for each respective category set forth 30 herein. The three (3) categories of annexation are: 31 (a) Category A: Annexations wherein: 32 (i) Aall private landownersraise no objectionhave consented to 33 annexation, or annexations of. Annexation where all landowners have 34 consented may extend beyond the city area of impact provided that the 35 land is contiguous to the city and that the comprehensive plan 36 includes the area of annexation; 37 (ii) Aany residential enclaved lands of lessthatthan one hundred 38 (100) privately-owned parcels, irrespective of surface area, which 39 are surrounded on all sides by land within a city or which are 40 bounded on all sides by lands within a city and by the boundary of 41 the city's area of impact; or 42 (iii) The lands are those for which owner approval must be given pur- 43 suant to subsection (5)(b)(v) of this section, or which are bounded2 1on all sides by lands within a city and by the boundary of the city's2area of city impact. 3 (b) Category B: Annexations wherein: 4 (i) The subject lands contain less than one hundred (100) separate 5 private ownerships and platted lots of record and where not all such 6 landowners have consented to annexation; or 7 (ii) The subject lands contain more than one hundred (100) separate 8 private ownerships and platted lots of record and where landowners 9 owning more than fifty percent (50%) of the area of the subject pri- 10 vate lands haveevidenced theirconsented to annexationat the outset11 prior to the commencement of the annexation process; or 12 (iii) The lands are the subject of a development moratorium or a 13 water or sewer connection restriction imposed by state or local 14 health or environmental agencies; provided such lands shall not be 15 counted for purposes of determining the number of separate private 16 ownerships and platted lots of record aggregated to determine the 17 appropriate category. 18 (c) Category C: Annexations wherein the subject lands contain more than 19 one hundred (100) separate private ownerships and platted lots of record 20 and where landowners owning more than fifty percent (50%) of the area of 21 the subject private lands have notevidenced theirconsented to annexation 22at the outsetprior to commencement of the annexation process. 23 (4) Evidence of consent to annexation. For purposes of this section, 24priorconsent to annex shall bedeemed givenvalid only when evidenced by 25 writtenauthorization or approvalinstrument executed by the owner or the 26 owner's authorized agent. Consent shall be implied for the area of all lands 27 connected to a water or wastewater collection system operated by the cityand28for lands subject to a written consent to annex recorded in the county29recorder's officeonly if the connection was requested or agreed to in writing 30 by the landowner prior to July 1, 2008. Written consent to annex lands, if31 must be recorded in the county recorder's office, shallto be binding upon 32 subsequent purchasers, heirs, or assigns of lands addressed in the consent. 33 Lands need not be contiguous or adjacent to the city limits at the time the 34 landowner consents to annexation for the property to be subject to a valid 35 consent to annex; provided however, no annexation of lands shall occur, irre- 36 spective of consent, until such land becomes contiguous or adjacent to such 37 city. 38 (5) Annexation procedures. Annexation of lands into a city shall follow 39 the procedures applicable to the category of lands as established by this sec- 40 tion. The implementation of any annexation proposal wherein the city council 41 determines that annexation is appropriate shall be concluded with the passage 42 of an ordinance of annexation. 43 (a) Procedures for category A annexations: Lands lying contiguous or 44 adjacent to any city in the state of Idaho may be annexed by the city if 45 the proposed annexation meets the requirements of category A. Upon deter- 46 mining that a proposed annexation meets such requirements, a city may ini- 47 tiate the planning and zoning procedures set forth in chapter 65, title 48 67, Idaho Code, to establish the comprehensive planning policies, where 49 necessary, and zoning classification of the lands to be annexed. 50 (b) Procedures for category B annexations: A city may annex lands that 51 would qualify under the requirements of category B annexation if the fol- 52 lowing requirements are met: 53 (i) The lands are contiguous or adjacent to the city and lie within 54 the city's area of city impact; 55 (ii) The land is laid off into lots or blocks containing not more 3 1 than five (5) acres of land each, whether the same shall have been or 2 shall be laid off, subdivided or platted in accordance with any stat- 3 ute of this state or otherwise, or whenever the owner or proprietor 4 or any person by or with his authority has sold or begun to sell off 5 such contiguous or adjacent lands by metes and bounds in tracts not 6 exceeding five (5) acres, or whenever the land is surrounded by the 7 city. Splits of ownership which occurred prior to January 1, 1975, 8 and which were the result of placement of public utilities, public 9 roads or highways, or railroad lines through the property shall not 10 be considered as evidence of an intent to develop such land and shall 11 not be sufficient evidence that the land has been laid off or subdi- 12 vided in lots or blocks. A single sale after January 1, 1975, of five 13 (5) acres or less to a family member of the owner for the purpose of 14 constructing a residence shall not constitute a sale within the mean- 15 ing of this section. For purposes of this section, "family member" 16 means a natural person or the spouse of a natural person who is 17 related to the owner by blood, adoption or marriage within the first 18 degree of consanguinity; 19 (iii) Preparation and publication of a written annexation plan, 20 appropriate to the scale of the annexation contemplated, which 21 includes, at a minimum, the following elements: 22 (A) The manner of providing tax-supported municipal services to 23 the lands proposed to be annexed; 24 (B) The changes in taxation and other costs, using examples, 25 which would result if the subject lands were to be annexed; 26 (C) The means of providing fee-supported municipal services, if 27 any, to the lands proposed to be annexed; 28 (D) A brief analysis of the potential effects of annexation 29 upon other units of local government which currently provide 30 tax-supported or fee-supported services to the lands proposed to 31 be annexed; and 32 (E) The proposed future land use plan and zoning designation or 33 designations, subject to public hearing, for the lands proposed 34 to be annexed; 35 (iv) Compliance with the notice and hearing procedures governing a 36 zoning district boundary change as set forth in section 67-6511, 37 Idaho Code, on the question of whether the property should be annexed 38 and, if annexed, the zoning designation to be applied thereto; pro- 39 vided however, the initial notice of public hearing concerning the 40 question of annexation and zoning shall be published in the official 41 newspaper of the city and mailed by first class mail to every prop- 42 erty owner with lands included in such annexation proposal not less 43 than twenty-eight (28) days prior to the initial public hearing. All 44 public hearing notices shall establish a time and procedure by which 45 comments concerning the proposed annexation may be received in writ- 46 ing and heard and, additionally, public hearing notices delivered by 47 mail shall include a one (1) page summary of the contents of the 48 city's proposed annexation plan and shall provide information regard- 49 ing where the annexation plan may be obtained without charge by any 50 property owner whose property would be subject to the annexation pro- 51 posal. 52 (v) In addition to the standards set forth elsewhere in this sec- 53 tion, annexation of the following lands must meet the following 54 requirements: 55 (A) Property, owned by a county or any entity within the 4 1 county, that is used as a fairgrounds area under the provisions 2 of chapter 8, title 31, Idaho Code, or chapter 2, title 22, 3 Idaho Code, must have the consent of a majority of the board of 4 county commissioners of the county in which the property lies; 5 and 6 (B) Property, owned by a nongovernmental entity, that is used 7 to provide outdoor recreational activities to the public and 8 that has been designated as a planned unit development of fifty 9 (50) acres or more and does not require or utilize any city ser- 10 vices must have the express written permission of the nongovern- 11 mental entity owner. 12 (vi) After considering the written and oral comments of property 13 owners whose land would be annexed and other affected persons, the 14 city council may proceed with the enactment of an ordinance of annex- 15 ation and zoning. In the course of the consideration of any such 16 ordinance, the city must make express findings, to be set forth in 17 the minutes of the city council meeting at which the annexation is 18 approved, as follows: 19 (A) The land to be annexed meets the applicable requirements of 20 this section and does not fall within the exceptions or condi- 21 tional exceptions contained in this section; 22 (B) The annexation would be consistent with the public purposes 23 addressed in the annexation plan prepared by the city; 24 (C) The annexation is reasonably necessary for the orderly 25 development of the city; 26 (vii) Notwithstanding any other provision of this section, railroad 27 right-of-way property may be annexed pursuant to this section only 28 when property within the city adjoins or will adjoin both sides of 29 the right-of-way. 30 (c) Procedures for category C annexations: A city may annex lands that 31 would qualify under the requirements of category C annexation if the fol- 32 lowing requirements are met: 33 (i) Compliance with the procedures governing category B annex- 34 ations; and 35 (ii) Evidence of consent to annexation based upon the following pro- 36 cedures: 37 (A) Following completion of all procedures required for consid- 38 eration of a category B annexation, but prior to enactment of an 39 annexation ordinance and upon an affirmative action by the city 40 council, the city shall mail notice to all private landowners 41 owning lands within the area to be annexed, exclusive of the 42 owners of landsthat receive water or sewer service and owners43of landsthat are subject to arecordedconsent to annex which 44 complies with subsection (4) of this section defining consent. 45 Such notice shall invite property owners toeithergive written 46 consentor express written oppositionto the annexation, include 47 a description of how that consentor oppositioncan be made and 48 where it can be filed, and inform the landowners where the 49 entire record of the subject annexation may be examined. Such 50 mailed notice shall also include a legal description of the 51 lands proposed for annexation and a simple map depicting the 52 location of the subject lands. 53 (B) Each landowner desiring to consent toor opposethe pro- 54 posed annexation must submit the consentor opposition,in writ- 55 ing,to the city clerk by a date specified in the notice, which 5 1 date shall not besoonerlater thantwenty-one (21)forty-five 2 (45) days after the date of the mailing of such notice. 3 (C) After the date specified in the notice for receipt of writ- 4 ten consent,or opposition,the city clerk shall compile and 5 present to the city council a report setting forth: (i) the 6 total physical area sought to be annexed, and (ii) the total 7 physical area of the lands, as expressed in acres or square 8 feet, whose owners have newly consented in writing to the annex- 9 ation, plusthe area of all lands receiving water or sewer ser-10vice from the city andthe area of all lands subject to a 11recordedprior consent to annex. Objections received after the12conclusion of the twenty-one (21) day period shall not be con-13sidered unless the late objection is due to the city's failure14to follow the procedures provided herein. Objections received15from owners of lands subject to a recorded consent to annex, or16from owners receiving water or sewer service from the city,17shall not be considered objections for purposes of this section18 which complies with subsection (4) of this section defining con- 19 sent. The clerk shall immediately report the results to the city 20 council. 21 (D) Upon receiving such report, the city council shall review 22 the results and may thereafter confirm whether consent was 23 received from the owners of a majority of the land.areas and24those providing written consent, in addition to all lands sub-25ject to the implied consent provisions set forth herein and26those subject to consent of record in the office of the county27recorder.The results of the report shall be reflected in the 28 minutes of the city council. If the report as accepted by the 29 city council confirms that owners ofmorea majority of the land 30 area have consented to annexation,than oppose such annexation,31 the city council may enact an ordinance of annexation, which 32 thereafter shall be published and become effective according to 33 the terms of the ordinance. If the report confirms that owners 34 ofmorea majority of the land areaopposehave not consented to 35 the annexation,than consent to such annexation,the category C 36 annexation shall not be authorized. 37 (6) The decision of a city council to annex and zone lands as a category 38 B or category C annexation shall be subject to judicial review in accordance 39 with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant 40 to the standards set forth in section 67-5279, Idaho Code. Any such appeal 41 shall be filed by an affected person in the appropriate district court no 42 later than twenty-eight (28) days after the date of publication of the annex- 43 ation ordinance. All cases in which there may arise a question of the validity 44 of any annexation under this section shall be advanced as a matter of immedi- 45 ate public interest and concern, and shall be heard by the district court at 46 the earliest practicable time. 47 (7) Annexation of noncontiguous municipal airfield. A city may annex land 48 that is not contiguous to the city and is occupied by a municipally owned or 49 operated airport or landing field. However, a city may not annex any other 50 land adjacent to such noncontiguous facilities which is not otherwise 51 annexable pursuant to this section.
STATEMENT OF PURPOSE
RS17486C1
This bill implements two recommendations of the interim land use
study group of 2007, and makes additional technical changes.
First, this bill clarifies that Category A annexation which
requires consent of all property owners may extend beyond the area
of impact so long as the comprehensive plan includes the area of
annexation. Second, the bill eliminates future implied consent to
annexation arising from a property owner s hook up to water or
sewer services.
Consent to Annexation is an element of all three categories of
annexation under Idaho Code section 50-222, however, currently
consent includes implied consent when a property owner hooks up to
either city water or sewer services. No notification is required
to advise that hooking up to those services constitutes consent to
be annexed, and no written acknowledgement is necessary verifying
that a property owner intended to give consent to annexation.
Under these amendments cities are not prohibited from requiring
consent to annexation as a condition of hooking the property owner
up to sewer or water services, however, such consent must be given
by written instrument, and not simply implied by the hook up.
Technical changes to Category A create subparagraphs for different
annexation options within the category following the
organizational pattern of Category B options. Changes also clarify
the procedure for obtaining Category C annexation consents by
removing the requirement to collect and tabulate objections, and
clarifying the time frame for which consents must be returned to
the clerk after being solicited under Category C procedures.
STATEMENT OF FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Rep. Lynn Luker
Phone: (208) 332-1111
Rep. Cliff Bayer
Senator Russ Fulcher
STATEMENT OF PURPOSE/FISCAL NOTE H 524