Spotlights
353 - Ten Myths of the Annexation Process: The truth is, N.C.'s annexation law lets municipalities run wild

June 23, 2008

Key facts:

• The annexation law, despite hollow claims to the contrary, imposes few requirements on municipalities and offers little protection for citizens when it comes to forced annexation.



• Municipalities can forcibly annex areas that do not meet density requirements.



• Municipalities can forcibly annex areas that are not “urban.”



• The public hearing likely is the biggest sham of the entire process. Municipal leaders have no relationship with the affected property owners. The affected property owners have no way of holding municipal leaders accountable. As a result, municipalities have no reason to care about what those property owners say at the public hearings.



• Municipalities usually do not have to provide water and sewer services within two years. Affected property owners must know about an obscure requirement to request water and sewer within five days after the public hearing, otherwise it could take more than a decade (if not longer) before
  water and sewer service is provided.



• Municipalities can violate the law’s procedural requirements so long as a court finds that the violation does not “materially prejudice the substantive rights” of the property owners. assuming property owners could even afford the considerable resources necessary to challenge a municipality in court, it would be unlikely for a court to find that a procedural violation caused the required material harm.

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