View in Your Browser
There has been some confusion regarding the new annexation
process as created in HB
845. Specifically, there is confusion regarding how those in a proposed
annexed area can block a city-initiated annexation. Here are the answers to a
few frequently asked questions that I hope will help (for informational
purposes only, i.e., not legal advice):
Who can block the annexations?
The law states that property owners in the affected area may submit a petition
to deny an annexation.
How many property owners must block the annexation?
Property owners of at least 60 percent of the parcels
in the area are required to block the annexation. This is not the same thing as
requiring 60 percent of property owners to block the annexation.
For example, if one individual owns 60 percent of the
parcels, this individual could block the annexation even if he represents only
1 percent of the total number of property owners.
What if a property owner doesn't send in a petition, does
this automatically mean he is counted as being in favor of the annexation?
There's been a lot of confusion regarding this issue and it's
because some people are thinking about the petition process like it's a vote. If
a property owner doesn't send in a petition, then that isn't counted as either support
for or opposition to the annexation. The property owner has simply not sent in a
petition to block the annexation.
However, the parcel(s) of the property owner who doesn't
send in a petition is still counted when calculating the percentage of parcels
that represent opposition to the annexation. So, if no petition has been sent
in, it has the same effect as supporting the annexation.
What happens when there are multiple owners of a parcel? Can
one property owner of a parcel file a petition to block an annexation even if
the other owners would like the annexation?
A majority of the property owners for a parcel of property
must oppose the annexation. If there are two owners, such as a husband and
wife, both must oppose the annexation.
Click here for the Property Rights Update archive
