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MORE HELP: How Is My Property Being Involuntarily Annexed?
What is the involuntary annexation process, and how does it work?
Here is a description of events that must take place before any
involuntary annexation can be complete.
In
order to begin the process, the municipality is required to do the
following:
- STEP 1: The municipal elected officials
must pass a
resolution of intent.
The
Municipality must first pass a resolution of intent. This means that
in a public meeting they
must pass a resolution stating that they INTEND to involuntary annex property in a
described area. Please note that if this occurs, the municipality
has probably been working behind the scenes for quite some time
planning this. Pay attention to dates on documents, especially the
annexation maps and plan. Most likely a consulting group has been hired
by the municipality to put together this plan. Try to find out
when they were first contracted to perform work for the municipality. This will give you a clue as to how long they have really been thinking
about doing this.
From the North Carolina State Statutes:
§ 160A‑49.
Procedure for annexation.
(a) Notice
of Intent. – Any municipal governing board desiring to annex
territory under the provisions of this Part shall first pass a
resolution stating the intent of the municipality to consider
annexation. Such resolution shall describe the boundaries of the
area under consideration, fix a date for a public informational
meeting, and fix a date for a public hearing on the question of
annexation. The date for the public informational meeting shall be
not less than 45 days and not more than 55 days following passage of
the resolution. The date for the public hearing to be not less than
60 days and not more than 90 days following passage of the
resolution.
- STEP 2: The municipalities elected officials adopt an
annexation plan
Once a resolution of intent is passed, a plan must be put in place. The
municipalities selected officials must approve this plan by a vote. This plan can change throughout this process. Click
Here to see an annexation plan used by the Town of Cary in 2003.
Please also note that towards the back of the plan, every property
owners is listed. Cary eventually withdrew this plan, thanks in
part to pressure from residents.
From the North Carolina State Statutes:
(c) Action
Prior to Informational Meeting. – At least 30 days before the
date of the public informational meeting, the governing board
shall approve the report provided for in G.S. 160A‑47, and shall
make it available to the public at the office of the municipal
clerk. In addition, the municipality may prepare a summary of the
full report for public distribution. In addition, the city shall
post in the office of the city clerk, at least 30 days before the
public informational meeting, a legible map of the area to be
annexed and a list of persons holding freehold interests in property
in the area to be annexed that it has identified.
There must be attempts to notify the individual property owners in the
area to be involuntarily annexed. This is normally done by a letter
from the municipality to each property owner. From the North
Carolina State Statutes:
..notice shall be mailed at least
four weeks prior to date of the informational meeting by first class
mail, postage prepaid to the owners as shown by the tax records of the
county of all freehold interests in real property located within the
area to be annexed.
- Step 4: The municipality
holds a public informational meeting
In not less than 45 days and not more than 55 days following passage of the resolution of
intent.
There must be a public informational meeting to explain the involuntary annexation.
Keep in mind, this meeting is usually run members of the city/town staff.
IT IS IMPORTANT YOU UNDERSTAND THE DELPHI TECHNIQUE FOR THIS
MEETING. TO READ ABOUT IT
CLICK HERE
From the North Carolina State Statutes:
(c1) Public
Informational Meeting. – At the public informational meeting a
representative of the municipality shall first make an explanation of
the report required in G.S. 160A‑47. Following such explanation, all
persons resident or owning property in the territory described in the
notice of public hearing, and all residents of the municipality, shall
be given the opportunity to ask questions and receive answers regarding
the proposed annexation.
- Step 5: The municipalities elected officials hold public
hearing:
By
state law, the municipality must hold public hearings on this action.
This is at a public meeting run by the elected officials.
From the
North Carolina State Statutes:
The date for the
public hearing to be not less than 60 days and not more than 90 days
following passage of the resolution (of intent to annex)
(b) Notice
of Public Hearing. – The notice of public hearing shall:
(1) Fix the
date, hour and place of the public informational meeting and the
date, hour, and place of the public hearing.
(2) Describe
clearly the boundaries of the area under consideration, and include
a legible map of the area.
(3) State
that the report required in G.S. 160A‑47 will be available at the
office of the municipal clerk at least 30 days prior to the date of
the public informational meeting.
(4) Include a
notice of a property owner's rights to request water and sewer
service in accordance with G.S. 160A‑47.
(5) Include
an explanation of a property owner's rights pursuant to subsections
(f1) and (f2) of this section.
By
state law, the elected officials of the municipality must make a final vote on this action.
From
the North Carolina State Statutes:
(e) Passage
of the Annexation Ordinance. – The municipal governing board shall
take into consideration facts presented at the public hearing and
shall have authority to amend the report required by G.S. 160A‑47 to
make changes in the plans for serving the area proposed to be
annexed so long as such changes meet the requirements of G.S.
160A‑47, provided that if the annexation report is amended to show
additional subsections of G.S. 160A‑48(c) or (d) under which the
annexation qualifies that were not listed in the original report,
the city must hold an additional public hearing on the annexation
not less than 30 nor more than 90 days after the date the report is
amended, and notice of such new hearing shall be given at the first
public hearing. At any regular or special meeting held no sooner
than the tenth day following the public hearing and not later than
90 days following such public hearing, the governing board shall
have authority to adopt an ordinance extending the corporate limits
of the municipality to include all, or such part, of the area
described in the notice of public hearing which meets the
requirements of G.S. 160A‑48 and which the governing board has
concluded should be annexed. The ordinance shall:
(1) Contain
specific findings showing that the area to be annexed meets the
requirements of G.S. 160A‑48. The external boundaries of the area to
be annexed shall be described by metes and bounds. In showing the
application of G.S. 160A‑48(c) and (d) to the area, the governing
board may refer to boundaries set forth on a map of the area and
incorporate same by reference as a part of the ordinance.
(2) A
statement of the intent of the municipality to provide services to
the area being annexed as set forth in the report required by G.S.
160A‑47.
(3) A
specific finding that on the effective date of annexation the
municipality will have funds appropriated in sufficient amount to
finance construction of any major trunk water mains and sewer
outfalls and such water and sewer lines as required in G.S.
160A‑47(3)b found necessary in the report required by G.S. 160A‑47
to extend the basic water and/or sewer system of the municipality
into the area to be annexed, or that on the effective date of
annexation the municipality will have authority to issue bonds in an
amount sufficient to finance such construction. If authority to
issue such bonds must be secured from the electorate of the
municipality prior to the effective date of annexation, then the
effective date of annexation shall be no earlier than the day
following the statement of the successful result of the bond
election.
(4) Fix the
effective date for annexation. The effective date of annexation may
be fixed for any date not less than 70 days nor more than 400 days
from the date of passage of the ordinance.
From the North Carolina
State Statutes:
f) Effect
of Annexation Ordinance. – Except as provided in subsection (f1) of
this section, from and after the effective date of the annexation
ordinance, the territory and its citizens and property shall be
subject to all debts, laws, ordinances and regulations in force in
such municipality and shall be entitled to the same privileges and
benefits as other parts of such municipality. Real and personal
property in the newly annexed territory on the January 1 immediately
preceding the beginning of the fiscal year in which the annexation
becomes effective is subject to municipal taxes as provided in G.S.
160A‑58.10. Provided that annexed property which is a part of a
sanitary district, which has installed water and sewer lines, paid
for by the residents of said district, shall not be subject to that
part of the municipal taxes levied for debt service for the first
five years after the effective date of annexation. If this proviso
should be declared by a court of competent jurisdiction to be in
violation of any provision of the federal or State Constitution, the
same shall not affect the remaining provisions of this Part. If the
effective date of annexation falls between June 1 and June 30, and
the effective date of the privilege license tax ordinance of the
annexing municipality is June 1, then businesses in the area to be
annexed shall be liable for taxes imposed in such ordinances from
and after the effective date of annexation.
(f1) Property
Subject to Present‑Use Value Appraisal. – If an area described in an
annexation ordinance includes agricultural land, horticultural land,
or forestland that on the effective date of annexation is:
(1) Land that
is being taxed at present‑use value pursuant to G.S. 105‑277.4; or
(2) Land
that:
a. Was on
the date of the resolution of intent for annexation being used for
actual production and is eligible for present‑use value taxation
under G.S. 105‑277.4, but the land has not been in use for actual
production for the required time under G.S. 105‑277.3; and
b. The
assessor for the county where the land subject to annexation is
located has certified to the city that the land meets the
requirements of this subdivision
the annexation
becomes effective as to that property pursuant to subsection (f2) of
this section.
(f2) Effective
Date of Annexation for Certain Property. – Annexation of property
subject to annexation under subsection (f1) of this section shall
become effective:
(1) Upon the
effective date of the annexation ordinance, the property is
considered part of the city only (i) for the purpose of establishing
city boundaries for additional annexations pursuant to this Article
and (ii) for the exercise of city authority pursuant to Article 19
of this Chapter.
(2) For all
other purposes, the annexation becomes effective as to each tract of
such property or part thereof on the last day of the month in which
that tract or part thereof becomes ineligible for classification
pursuant to G.S. 105‑227.4 or no longer meets the requirements of
subdivision (f1)(2) of this section. Until annexation of a tract or
a part of a tract becomes effective pursuant to this subdivision,
the tract or part of a tract is not subject to taxation by the city
under Article 12 of Chapter 105 of the General Statutes nor is the
tract or part of a tract entitled to services provided by the city.
From the North
Carolina State Statutes:
§ 160A‑50.
Appeal.
(a) Within
60 days following the passage of an annexation ordinance under
authority of this Part, any person owning property in the annexed
territory who shall believe that he will suffer material injury by
reason of the failure of the municipal governing board to comply
with the procedure set forth in this Part or to meet the
requirements set forth in G.S. 160A‑48 as they apply to his property
may file a petition in the superior court of the county in which the
municipality is located seeking review of the action of the
governing board.
(b) Such
petition shall explicitly state what exceptions are taken to the
action of the governing board and what relief the petitioner seeks.
Within 10 days after the petition is filed with the court, the
person seeking review shall serve copies of the petition by
registered mail, return receipt requested, upon the municipality.
(c) Within
15 days after receipt of the copy of the petition for review, or
within such additional time as the court may allow, the municipality
shall transmit to the reviewing court
(1) A
transcript of the portions of the municipal journal or minute book
in which the procedure for annexation has been set forth and
(2) A copy of
the report setting forth the plans for extending services to the
annexed area as required in G.S. 160A‑47.
(d) If two
or more petitions for review are submitted to the court, the court
may consolidate all such petitions for review at a single hearing,
and the municipality shall be required to submit only one set of
minutes and one report as required in subsection (c).
(e) At any
time before or during the review proceeding, any petitioner or
petitioners may apply to the reviewing court for an order staying
the operation of the annexation ordinance pending the outcome of the
review. The court may grant or deny the stay in its discretion upon
such terms as it deems proper, and it may permit annexation of any
part of the area described in the ordinance concerning which no
question for review has been raised.
(f) The
court shall fix the date for review of annexation proceedings under
this Part, which review date shall preferably be within 30 days
following the last day for receiving petitions to the end that
review shall be expeditious and without unnecessary delays. The
review shall be conducted by the court without a jury. The court may
hear oral arguments and receive written briefs, and may take
evidence intended to show either
(1) That the
statutory procedure was not followed, or
(2) That the
provisions of G.S. 160A‑47 were not met, or
(3) That the
provisions of G.S. 160A‑48 have not been met.
(g) The
court may affirm the action of the governing board without change,
or it may
(1) Remand
the ordinance to the municipal governing board for further
proceedings if procedural irregularities are found to have
materially prejudiced the substantive rights of any of the
petitioners.
(2) Remand
the ordinance to the municipal governing board for amendment of the
boundaries to conform to the provisions of G.S. 160A‑48 if it finds
that the provisions of G.S. 160A‑48 have not been met; provided,
that the court cannot remand the ordinance to the municipal
governing board with directions to add area to the municipality
which was not included in the notice of public hearing and not
provided for in plans for service.
(3) Remand
the report to the municipal governing board for amendment of the
plans for providing services to the end that the provisions of G.S.
160A‑47 are satisfied.
(4) Declare
the ordinance null and void, if the court finds that the ordinance
cannot be corrected by remand as provided in subdivisions (1), (2),
or (3) of this subsection.
If any
municipality shall fail to take action in accordance with the
court's instructions upon remand within 90 days following entry of
the order embodying the court's instructions, the annexation
proceeding shall be deemed null and void.
(h) Any
party to the review proceedings, including the municipality, may
appeal to the Court of Appeals from the final judgment of the
superior court under rules of procedure applicable in other civil
cases. The superior court may, with the agreement of the
municipality, permit annexation to be effective with respect to any
part of the area concerning which no appeal is being made and which
can be incorporated into the city without regard to any part of the
area concerning which an appeal is being made.
(i) If part
or all of the area annexed under the terms of an annexation
ordinance is the subject of an appeal to the superior court, Court
of Appeals or Supreme Court on the effective date of the ordinance,
then the ordinance shall be deemed amended to make the effective
date with respect to such area the last day of the next full
calendar month following the date of the final judgment of the
superior court or appellate division, whichever is appropriate, or
the date the municipal governing board completes action to make the
ordinance conform to the court's instructions in the event of
remand. For the purposes of this subsection, a denial of a petition
for rehearing or for discretionary review shall be treated as a
final judgment.
(j) If a
petition for review is filed under subsection (a) of this section or
an appeal is filed under G.S. 160A‑49.1(g) or G.S. 160A‑49.3(g), and
a stay is granted, then the time periods of two years, 24 months or
27 months provided in G.S. 160A‑47(3)c, 160A‑49(h), or 160A‑49(j)
are each extended by the lesser of the length of the stay or one
year for that annexation.
(k) The
provisions of subsection (i) of this section shall apply to any
judicial review authorized in whole or in part by G.S. 160A‑49.1(i)
or G.S. 160A‑49.3(g).
(l) In any
proceeding related to an annexation ordinance appeal under this
section, a city shall not state a claim for lost property tax
revenue caused by the appeal. Nothing in this Article shall be
construed to mean that as a result of an appeal a municipality may
assert a claim for property tax revenue lost during the pendency of
the appeal.
(m) Any
settlement reached by all parties in an appeal under this section
may be presented to the superior court in the county in which the
municipality is located. If the superior court, in its discretion,
approves the settlement, it shall be binding on all parties without
the need for approval by the General Assembly.
(1959, c. 1009, s. 6;
1973, c. 426, s. 74; 1981, c. 682, ss. 20, 21; 1983, c. 636, s.
14.1; 1989, c. 598, s. 10; 1995 (Reg. Sess., 1996), c. 746, s. 3;
1998‑150, s. 18; 1999‑148, s. 1.)
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