John Locke Update / Research Newsletter

A Big Step for Annexation Reform

posted on in Property Rights

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.

 

Daren Bakst is the Research Fellow in Agricultural Policy at the Heritage Foundation.  In this position, Bakst studies and writes about agricultural and environmental policy and property rights, among other issues.  He has done extensive work on the farm bill… ...

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