Download Comparison of The 100 Percent and 60 Percent Annexation

Comparison of The 100 Percent and 60 Percent Annexation Methods Under Georgia
Law to Deannexation Procedures in SB 110 (Substitute)
Under current law, deannexation is solely within the discretion of the municipal governing authority and requires 100% of the owners of an area to seek deannexation. Cities
have absolute veto authority over any request to deannex. Senate Bill 110 allows a property owner the right to deannex without a city wielding its veto authority. The bill would
allow deannexation only when 100% of the owners of property in an area agree to the deannexation.
ANNEXATION
100 PERCENT METHOD
ANNEXATION
60 PERCENT METHOD
SB 110
DEANNEXATION
100% of property owners must
petition
Owners of 60% of the land area and
60% of electors must petition
Allows only the 100% petition
method
Receiving Jurisdiction’s Acceptance
Annexation application filed with
city.
Annexation application filed with city
Deannexation application filed with
city after obtaining county approval.
Contiguity
At least 1/8th or 50 feet, whichever is
less, of annexed area must abut the
municipal boundary. May be
separated by public property, the
width of a street or right of way, any
creek or river, or any right of way of a
railroad or other public service
corporation. Entire parcels must be
annexed. Parcels must be buildable
and occupiable
At least 50’ of the total annexed
area’s boundary must abut the
municipal boundary. May be
separated by public property, the
width of a street or right of way, any
creek or river, or any right of way of a
railroad or other public service
corporation..
At least 1/8th or 50 feet of deannexed
area must abut the unincorporated
boundary. May be separated by public
property, the width of a street or right
of way, any creek or river, or any
right of way of a railroad or other
public service corporation. Entire
parcels must be deannexed. Parcels
must be buildable and occupiable
Multiple Lands to be
annexed/deannexed
All lands to be annexed at any one
time shall be treated as one body even
with different owners petitioning for
annexation. Above contiguity
requirement must still be met.
All lands to be annexed at any one
time shall be treated as one body even
with different owners petitioning for
annexation. Above contiguity
requirement must still be met.
All lands to be deannexed at any one
time shall be treated as one body even
with different owners petitioning for
deannexation. Above contiguity
requirement must still be met.
Notification of City or County
City must notify county within 5 days
of accepting an annexation
application
City must notify county within 5 days
of accepting an annexation
application
County must notify city within 10
days of approving a deannexation
resolution.
Property Owner’s Petition
Unusable County/City Public
Property in Annexed/Deannexed
Area
County has 5 days to notify city of
any of its property in annexed area. If
county deems its property in annexed
area unusable as a result of
annexation, city compensates at fair
market value. If value is not agreed
upon, it is determined by special
master.
County has 5 days to notify city of
any of its property in annexed area. If
county deems its property in annexed
area unusable as a result of
annexation, city compensates at fair
market value. If value is not agreed
upon, it is determined by special
master.
City has 5 days of receiving
application to notify county if any of
its property in deannexed area. If city
deems its property in deannexed area
unusable as a result of deannexation,
county compensates at fair market
value. If value is not agreed upon, it
is determined by special master.
Zoning
Zoning decision regarding initial land
use designation must be considered
prior to annexation
Zoning decision regarding initial land
use designation must be considered
prior to annexation
Zoning decision regarding initial land
use designation must be considered
prior to deannexation
Dispute Resolution
County can object to an initial zoning
or rezoning within one year of
annexation. Negotiation, mediation
and citizen review panel procedure
can be invoked. can ignore
recommendations.
County can object to an initial zoning
or rezoning within one year of
annexation. Negotiation, mediation
and citizen review panel procedure
can be invoked.
City can object to an initial zoning or
rezoning within one year of
deannexation. Negotiation, mediation
and citizen review panel procedure
can be invoked.
Effective Date for Ad Valorem
Taxes
Dec. 31 of the year during which
application is submitted
Dec. 31 of the year during which
application is submitted
In addition, city has 10 days from
receipt of copy of county resolution
approving deannexation to file an
objection to the deannexation on
service delivery, fiscal impact, or any
other matter it chooses.
Dec. 31 of the year during which
application is submitted
Effective Date for Property Taxes
on Annexed Commercial Property
when City has Independent School
System
School portion of property taxes to
city deferred until Dec. 31 of the year
after the requirements for annexation
are met
School portion of property taxes to
city deferred until Dec. 31 of the year
after the requirements for annexation
are met
School portion of property taxes to
city deferred until Dec. 31 of the year
after the requirements for
deannexation are met
Effective Date for all other
purposes
First day of the next calendar quarter
which begins at least one month after
First day of the next calendar quarter
which begins at least one month after
First day of the next calendar quarter
which begins at least one month after
the month of the annexation
the month of the annexation
the month of the deannexation
Unincorporated Islands
Creation of new unincorporated
islands not permitted
Creation of new unincorporated
islands not permitted
Creation of new unincorporated
islands not permitted.
Effect of Unincorporated Gaps On
City
NA
NA
If deannexation creates a gap between
two areas of a city, the gap would not
cause any area that no longer directly
abuts the city to become
unincorporated by default.
Service Delivery Agreements
Not invalidated
Not invalidated
Not invalidated
Ownership And Control Of County
Or City Owned Property
Ownership and control of county
owned property in annexed area not
diminished
Ownership and control of county
owned property in annexed area not
diminished
Ownership and control of city owned
property in deannexed area not
diminished
Water and Sewer Service
Existing utility service agreements
between a county and city not
invalidated.
Existing utility service agreements
between a county and city not
invalidated.
City water and sewer service not
impacted so long as they are in
accordance with a service delivery
agreement. City continues to provide
service. City ownership and control
not affected. City may charge higher
rates generally applicable to other
unincorporated areas.
Road Maintenance
If annexed property is on both sides
of a county road rights-of-way, the
county shall assume ownership and
maintenance of right of way unless
county and city agree otherwise by
joint resolution.
If annexed property is on both sides
of a county road rights-of-way, the
city shall assume ownership and
maintenance of right of way unless
county and city agree otherwise by
joint resolution.
If deannexed property is on both sides
of city road rights-of-way, the county
shall assume ownership and
maintenance of rights of way unless
city and county agree otherwise by
joint resolution.
Services to Annexed/Deannexed
areas
Plan for services must be presented to
public. Police and fire services must
be provided upon annexation. Other
services ASAP.
Debt
If the city has outstanding debt at the
time of deannexation, a special tax
district is created which would
include the existing city plus the
deannexed property. Taxes continue
to be levied in the special tax district
until the debt is retired.
Revenue Losses
Property within a city on 1/1/07 that
is owned by or leased to a publicly
traded company cannot be deannexed
without the city’s permission. Protects
city against loss of significant tax
revenues from “big box” retailers and
industrial taxpayers presently within
the city.
Preventing Property from Skipping
Between Incorporated and
Unincorporated Areas
Property annexed into a municipal
area or incorporated as part of a new
city cannot deannex for two years
following the annexation/
incorporation. Property that has been
deannexed from an incorporated area
cannot be annexed by a city for two
years.
DCA must be notified about
deannexed property and maps must be
submitted.
Notice to DCA/Mapping
DCA must be notified about annexed
property and maps must be submitted.
DCA must be notified about annexed
property and maps must be submitted.
Public Hearing Requirements
No public hearing requirement on the
question of annexation. Zoning
hearing is required.
Public hearing required on the
question of annexation. Zoning
hearing also required.
3/2/07
No public hearing requirement on the
question of deannexation. Zoning
hearing is required.