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H0545......................................................by STATE AFFAIRS
ANNEXATION - Amends existing law relating to annexation to revise
annexation categories; to revise the evidence of consent to annexation; and
to revise procedures for evidence of consent for category C annexations.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Loc Gov
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Trail, Vander Woude, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Lake, Shepherd(02), Wills, Wood(35)
Floor Sponsor - Luker
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Loc Gov
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- McKenzie
Floor Sponsor - Fulcher
Title apvd - to House
03/11 To enrol - Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 118
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 545 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 completed prior to 30 July 1, 2008. Written consent to annex lands, ifmust be recorded in the 31 county recorder's office, shallto be binding upon subsequent purchasers, 32 heirs, or assigns of lands addressed in the consent. Lands need not be contig- 33 uous or adjacent to the city limits at the time the landowner consents to 34 annexation for the property to be subject to a valid consent to annex; pro- 35 vided however, no annexation of lands shall occur, irrespective of consent, 36 until such land becomes contiguous or adjacent to such city. 37 (5) Annexation procedures. Annexation of lands into a city shall follow 38 the procedures applicable to the category of lands as established by this sec- 39 tion. The implementation of any annexation proposal wherein the city council 40 determines that annexation is appropriate shall be concluded with the passage 41 of an ordinance of annexation. 42 (a) Procedures for category A annexations: Lands lying contiguous or 43 adjacent to any city in the state of Idaho may be annexed by the city if 44 the proposed annexation meets the requirements of category A. Upon deter- 45 mining that a proposed annexation meets such requirements, a city may ini- 46 tiate the planning and zoning procedures set forth in chapter 65, title 47 67, Idaho Code, to establish the comprehensive planning policies, where 48 necessary, and zoning classification of the lands to be annexed. 49 (b) Procedures for category B annexations: A city may annex lands that 50 would qualify under the requirements of category B annexation if the fol- 51 lowing requirements are met: 52 (i) The lands are contiguous or adjacent to the city and lie within 53 the city's area of city impact; 54 (ii) The land is laid off into lots or blocks containing not more 55 than five (5) acres of land each, whether the same shall have been or 3 1 shall be laid off, subdivided or platted in accordance with any stat- 2 ute of this state or otherwise, or whenever the owner or proprietor 3 or any person by or with his authority has sold or begun to sell off 4 such contiguous or adjacent lands by metes and bounds in tracts not 5 exceeding five (5) acres, or whenever the land is surrounded by the 6 city. Splits of ownership which occurred prior to January 1, 1975, 7 and which were the result of placement of public utilities, public 8 roads or highways, or railroad lines through the property shall not 9 be considered as evidence of an intent to develop such land and shall 10 not be sufficient evidence that the land has been laid off or subdi- 11 vided in lots or blocks. A single sale after January 1, 1975, of five 12 (5) acres or less to a family member of the owner for the purpose of 13 constructing a residence shall not constitute a sale within the mean- 14 ing of this section. For purposes of this section, "family member" 15 means a natural person or the spouse of a natural person who is 16 related to the owner by blood, adoption or marriage within the first 17 degree of consanguinity; 18 (iii) Preparation and publication of a written annexation plan, 19 appropriate to the scale of the annexation contemplated, which 20 includes, at a minimum, the following elements: 21 (A) The manner of providing tax-supported municipal services to 22 the lands proposed to be annexed; 23 (B) The changes in taxation and other costs, using examples, 24 which would result if the subject lands were to be annexed; 25 (C) The means of providing fee-supported municipal services, if 26 any, to the lands proposed to be annexed; 27 (D) A brief analysis of the potential effects of annexation 28 upon other units of local government which currently provide 29 tax-supported or fee-supported services to the lands proposed to 30 be annexed; and 31 (E) The proposed future land use plan and zoning designation or 32 designations, subject to public hearing, for the lands proposed 33 to be annexed; 34 (iv) Compliance with the notice and hearing procedures governing a 35 zoning district boundary change as set forth in section 67-6511, 36 Idaho Code, on the question of whether the property should be annexed 37 and, if annexed, the zoning designation to be applied thereto; pro- 38 vided however, the initial notice of public hearing concerning the 39 question of annexation and zoning shall be published in the official 40 newspaper of the city and mailed by first class mail to every prop- 41 erty owner with lands included in such annexation proposal not less 42 than twenty-eight (28) days prior to the initial public hearing. All 43 public hearing notices shall establish a time and procedure by which 44 comments concerning the proposed annexation may be received in writ- 45 ing and heard and, additionally, public hearing notices delivered by 46 mail shall include a one (1) page summary of the contents of the 47 city's proposed annexation plan and shall provide information regard- 48 ing where the annexation plan may be obtained without charge by any 49 property owner whose property would be subject to the annexation pro- 50 posal. 51 (v) In addition to the standards set forth elsewhere in this sec- 52 tion, annexation of the following lands must meet the following 53 requirements: 54 (A) Property, owned by a county or any entity within the 55 county, that is used as a fairgrounds area under the provisions 4 1 of chapter 8, title 31, Idaho Code, or chapter 2, title 22, 2 Idaho Code, must have the consent of a majority of the board of 3 county commissioners of the county in which the property lies; 4 and 5 (B) Property, owned by a nongovernmental entity, that is used 6 to provide outdoor recreational activities to the public and 7 that has been designated as a planned unit development of fifty 8 (50) acres or more and does not require or utilize any city 9 services must have the express written permission of the nongov- 10 ernmental entity owner. 11 (vi) After considering the written and oral comments of property 12 owners whose land would be annexed and other affected persons, the 13 city council may proceed with the enactment of an ordinance of annex- 14 ation and zoning. In the course of the consideration of any such 15 ordinance, the city must make express findings, to be set forth in 16 the minutes of the city council meeting at which the annexation is 17 approved, as follows: 18 (A) The land to be annexed meets the applicable requirements of 19 this section and does not fall within the exceptions or condi- 20 tional exceptions contained in this section; 21 (B) The annexation would be consistent with the public purposes 22 addressed in the annexation plan prepared by the city; 23 (C) The annexation is reasonably necessary for the orderly 24 development of the city; 25 (vii) Notwithstanding any other provision of this section, railroad 26 right-of-way property may be annexed pursuant to this section only 27 when property within the city adjoins or will adjoin both sides of 28 the right-of-way. 29 (c) Procedures for category C annexations: A city may annex lands that 30 would qualify under the requirements of category C annexation if the fol- 31 lowing requirements are met: 32 (i) Compliance with the procedures governing category B annex- 33 ations; and 34 (ii) Evidence of consent to annexation based upon the following pro- 35 cedures: 36 (A) Following completion of all procedures required for consid- 37 eration of a category B annexation, but prior to enactment of an 38 annexation ordinance and upon an affirmative action by the city 39 council, the city shall mail notice to all private landowners 40 owning lands within the area to be annexed, exclusive of the 41 owners of landsthat receive water or sewer service and owners42of landsthat are subject to arecordedconsent to annex which 43 complies with subsection (4) of this section defining consent. 44 Such notice shall invite property owners toeithergive written 45 consentor express written oppositionto the annexation, include 46 a description of how that consentor oppositioncan be made and 47 where it can be filed, and inform the landowners where the 48 entire record of the subject annexation may be examined. Such 49 mailed notice shall also include a legal description of the 50 lands proposed for annexation and a simple map depicting the 51 location of the subject lands. 52 (B) Each landowner desiring to consent toor opposethe pro- 53 posed annexation must submit the consentor opposition,in writ- 54 ing,to the city clerk by a date specified in the notice, which 55 date shall not besoonerlater thantwenty-one (21)forty-five 5 1 (45) days after the date of the mailing of such notice. 2 (C) After the date specified in the notice for receipt of writ- 3 ten consent,or opposition,the city clerk shall compile and 4 present to the city council a report setting forth: (i) the 5 total physical area sought to be annexed, and (ii) the total 6 physical area of the lands, as expressed in acres or square 7 feet, whose owners have newly consented in writing to the annex- 8 ation, plusthe area of all lands receiving water or sewer ser-9vice from the city andthe area of all lands subject to a 10recordedprior consent to annex. Objections received after the11conclusion of the twenty-one (21) day period shall not be con-12sidered unless the late objection is due to the city's failure13to follow the procedures provided herein. Objections received14from owners of lands subject to a recorded consent to annex, or15from owners receiving water or sewer service from the city,16shall not be considered objections for purposes of this section17 which complies with subsection (4) of this section defining 18 consent. The clerk shall immediately report the results to the 19 city council. 20 (D) Upon receiving such report, the city council shall review 21 the results and may thereafter confirm whether consent was 22 received from the owners of a majority of the land.areas and23those providing written consent, in addition to all lands sub-24ject to the implied consent provisions set forth herein and25those subject to consent of record in the office of the county26recorder.The results of the report shall be reflected in the 27 minutes of the city council. If the report as accepted by the 28 city council confirms that owners ofmorea majority of the land 29 area have consented to annexation,than oppose such annexation,30 the city council may enact an ordinance of annexation, which 31 thereafter shall be published and become effective according to 32 the terms of the ordinance. If the report confirms that owners 33 ofmorea majority of the land areaopposehave not consented to 34 the annexation,than consent to such annexation,the category C 35 annexation shall not be authorized. 36 (6) The decision of a city council to annex and zone lands as a category 37 B or category C annexation shall be subject to judicial review in accordance 38 with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant 39 to the standards set forth in section 67-5279, Idaho Code. Any such appeal 40 shall be filed by an affected person in the appropriate district court no 41 later than twenty-eight (28) days after the date of publication of the annex- 42 ation ordinance. All cases in which there may arise a question of the validity 43 of any annexation under this section shall be advanced as a matter of immedi- 44 ate public interest and concern, and shall be heard by the district court at 45 the earliest practicable time. 46 (7) Annexation of noncontiguous municipal airfield. A city may annex land 47 that is not contiguous to the city and is occupied by a municipally owned or 48 operated airport or landing field. However, a city may not annex any other 49 land adjacent to such noncontiguous facilities which is not otherwise 50 annexable pursuant to this section.
STATEMENT OF PURPOSES
RS17951
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.
One of the purposes of the Bill is to eliminate implied consent
annexations after July 1, 2008. The Bill does, however, include provisions
which allow implied consent to remain valid for annexation of properties
connected or requested to be connected to city water or sewer prior to July 1,
2008. The purpose for including that grandfather provision was to merely
preserve the status quo with respect to Category B and C annexations for such
properties, and is not intended to extend implied consent annexation authority
to Category A annexations for those properties. That authority does not exist
under current law and a judge in eastern Idaho has so held.
FISCAL IMPACT
There is no fiscal impact.
Contact:
Name: Rep. Lynn Luker
Rep. Cliff Bayer
Senator Russ Fulcher
STATEMENT OF PURPOSE/FISCAL NOTE H 545
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