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A Big Step for Annexation Reform By Daren Bakst
The North Carolina House may soon pass annexation
legislation that would provide real annexation reform.
For more than a half-century, North Carolina has allowed municipalities to
force individuals living in unincorporated areas to live within municipal
boundaries. Property owners who made a conscious effort to live outside
municipalities are forced not only to pay municipal taxes but also to give up
their way of life.
Municipal zoning laws along with other restrictions undermine the very reason
why individuals choose not to live within municipalities in the first place.
Even worse, municipalities are able to force property owners to pay for water
and sewer infrastructure, even though municipalities initiate the annexations
and property owners aren't in need of these services.
The new annexation bill, currently being considered by the House, would be
groundbreaking in the fight against annexation abuse. Specifically:
- Effective Voice. The
bill would provide a real voice for property owners in proposed annexed areas.
A petition process would exist requiring 60 percent of property owners in the
proposed annexed area to oppose the annexation. Petitions would be received
until 130 days after the municipality adopts the annexation ordinance.
The key questions are whether there's enough time for property owners to oppose
the annexation and whether the number of petitions required is reasonable. In
both instances, the proposal certainly appears to be reasonable. Making it even
more reasonable is the fact that petitions would be mailed directly to property
owners, who in turn can mail them back.
It's very important not to lose sight of the forest for the trees. By having a
voice, this provides necessary protection for property owners. As I discussed
with someone recently, an effective voice is the cake and the other benefits of
the bill are the icing. I'd take it even further (since I like icing so much):
A voice is the cake and icing,
and everything else is the cherry on top (assuming you'd put a cherry on a
cake--just work with me here).
- Water and Sewer Infrastructure. In areas where a majority of property owners
request water and sewer, the bill would require municipalities to provide and
pay all costs for water and sewer for property owners requesting these
services.
Even when a majority of property owners in an area haven't requested water and
sewer service, property owners that would like water and sewer can receive
significantly discounted prices if the municipality decides to provide water
and sewer service to the area.
Bottom Line
There's a lot to be happy about for those
concerned with annexation reform. The House could soon take the first step in
getting rid of annexation abuse.
Click here for the Property
Rights Update archive.
Monday, May. 9th, 2011 at 12:00 p.m. A meeting of the Shaftesbury Society with our special guest John G. Redmond If Great Schools Are So Important, Then Why the Glacial Pace for School Reform? Tuesday, May. 10th, 2011 at 5:45 p.m. A Special Forum and Book Signing with our guests Paul H. Bergeron and David O. Stewart The Impeachment of President Andrew Johnson:
An Examination Friday, May. 20th, 2011 at 1:00pm-4:30pm A Citizens' Constitutional Workshop in Franklin, N.C. with presenters Dr. Troy Kickler & Dr. Michael Sanera What the Founders and the State Ratification Conventions
Can Teach Us Today Saturday, May. 21st, 2011 at 1:00pm-5:30pm A Citizens' Constitution Workshop in Murphy, N.C. with presenters Dr. Troy Kickler & Dr. Michael Sanera What the Founders and the State Ratification Conventions Can Teach Us Today
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