(3) You also stated in your May 1 resolution
that “it is the opinion of this Board that the citizens of a county
should be given the right to vote on whether or not they wish to be
annexed into a nearby community.” StopNCAnnexation agrees with your
opinion. North Carolina is one of only four states that allows forced
annexation with no referendum by those who are being annexed. In my
recent meeting with residents of the Thomsfield/College Drive area,
their primary and repeated complaint is that they have no vote and
they have no say in this threatened annexation. (They believe that
the upcoming public hearing is simply for show, and a statutory
requirement that will have no meaning.) A new resolution asking for a
formal study would voice your opinion to the General Assembly.
(4) In the recent case of Nolan v. Village of
Marvin, 360 NC 256 (2006), the North Carolina Supreme Court ruled
that the technical annexation statutes are to be read in conjunction
with the annexation policy statutes. North Carolina’s forced,
involuntary annexation statutes were enacted in 1959.
StopNCAnnexation strongly believes that the policies articulated in
the statutes have changed over the past 47 years. Accordingly, a
study of these statutes is appropriate and necessary.
(5) Residents of the Thomsfield/College Drive
area have shown me a map of the proposed annexation area. Areas that
have been excluded from any annexation demonstrate that the
existing annexation statutes are being applied in a discriminatory
manner. Discriminatory annexations should be considered by the
General Assembly in conjunction with a thorough review of North
Carolina’s forced, involuntary annexation statutes.
(6) Counties lose tax dollars to municipalities
when an area is annexed. It does not appear that this reallocation of
tax revenues was contemplated when the involuntary statutes were
enacted in 1959. This matter needs to be evaluated, and thus would
support your request for a legislative study.
For the
reasons set forth above, I respectfully request on behalf of
StopNCAnnexation that you adopt a resolution calling for a study by
the General Assembly of North Carolina’s forced, involuntary
annexation statutes. I am happy to discuss this with you or your
County Attorney at your/his convenience. You may reach me at (910)
255-3062.