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A Grassroots Effort to End forced Annexation Abuse in North Carolina

"We lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience." --Thomas Jefferson

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News Journal Article reporting the Public Hearing
Read it >click HERE

Hoke Co. Commissioners Oppose Forced Annexation
Read their Resolution, click here

To read the article from the News-Journal > CLICK HERE

Letter to Hoke Commissioners:

November 25, 2006

VIA FACSIMILE (910) 875-9222

Board of Commissioners
Hoke County
P.O. Box 210
Raeford, NC 28376-0210

Re:Resolution Requesting Review of Involuntary Annexation Statutes

Gentlemen and Ms. Powell:

I am writing on behalf of StopNCAnnexation to request that you adopt a resolution similar to a resolution recently adopted by the Wayne County Commissioners.  The Wayne County resolution has requested the General Assembly to study North Carolina’s involuntary annexation statutes. A copy of the Wayne County resolution is attached.  Our request is based on the following:

(1) In your resolution adopted on May 1, 2006, entitled “Resolution Supporting the Orderly Provision and Expansion of Local Public Services,” you recognized that forced, involuntary annexation is controversial.  Your resolution asked that involuntary annexation be discontinued in Hoke County.  Notwithstanding this request, the Raeford City Council has commenced annexation proceedings against the Thomsfield/College Drive area.  This demonstrates the controversial nature of involuntary annexation.

In addition, I recently met with residents of the Thomsfield/College Drive area.  Not only are they vehemently opposed to this annexation, but they report that this threatened annexation is causing significant harm to relationships among residents of the target area and their family and friends who live in Raeford.  The anger and frustration they are experiencing is palpable.  This further demonstrates the controversial nature of involuntary annexation.

(2)You resolved in your May 1 resolution that a comprehensive study be undertaken.  A subsequent resolution that formally requests a study by the General Assembly is a logical follow-up to your May resolution.

(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.

Thank you for your prompt attention to this request.

 Very truly yours,

 

Lydia Boesch

Legal Advisor