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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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Odell residents oppose annex, Commissioners to meet with city leaders

By Eric C. Deines

edeines@independenttribune.com

Wednesday, June 7, 2006
 

CABARRUS - A subcommittee of the Cabarrus Board of County Commissioners plans to act as middleman for a group of Odell community residents who feel Kannapolis is wrongfully encroaching on Odell territory.

The discrepancy extends from November and a Kannapolis voluntary annexation of 4 acres, submitted by developers Shiloh Farms Inc., on the other side of the county-owned Don T. Howell Lake from the rest of Kannapolis.

Now, said Interim County Attorney Richard Koch, the site is considered contiguous to Kannapolis, as well as its western city limits.

And some Odell residents feel this is a move by the city to begin annexing parts of the Odell community - just as Odell is in the process of incorporation, expecting word from the state legislature.

Odell resident Fred Wally said he feels the annexation was wrongful in that it leapfrogs over a county-owned body of water, adding that it puts Kannapolis in position to begin annexing pieces of Odell.

Kannapolis officials say that is not the intention of the city.

"Our goal out there is not to involuntarily annex anyone," said Assistant City Manager Eddie Smith. "The annexations out there have all been annexed voluntarily. We followed the statutes to accommodate the request."

There has been some debate between Odell residents as to whether Kannapolis unintentionally annexed Howell Lake when it jumped the body of water to annex the Shiloh Farms property.

However, the county disagrees and Kannapolis officials make no claim to the body of water.

As an adjacent property owner to the annexation in question, Cabarrus County is the only entity that would have any standing in court to appeal the annexation.

At a commission work session Monday, residents requested the county seek to reclassify the annexation as a satellite annexation, disabling Kannapolis to involuntarily annex land around it.

"It's not so much the reservoir as it is we're looking for help," Wally said.

Commission Chairman Robert Carruth and Commissioner Robert Freeman agreed to meet with Kannapolis officials to discuss the situation.

Wally said that if commissioners would take the residents' case to Kannapolis City Council, it would  "carry more weight."

"You're our only (local) elected representatives," Wally said."We feel there is a disservice done to us."

Another Odell resident and leader in the incorporation process Marlynn Burns added to Wallys comments. "We've had talks with the mayor and council members," Burns said. "We've walked away empty handed."

Commissioner Carolyn Carpenter suggested the county request a moratorium on Kannapolis annexations until the state reaches its decision on Odell's incorporation.

County Manager John Day said only the state has the power to put such a hold on annexations.

 Contact Eric C. Deines at edeines@independenttribune.

com or 704-789-9141.

Go Back-

Citizens: Bill helped lawmaker's client - News14
08/07/2007 12:01 PM
By: Associated Press

Odell community enters 2nd phase of drive for incorporation story link

Odell residents oppose annexation
Commissioners to meet with city leaders,
CLICK HERE

Odell resolution before County Commission

Odell Community seeks to Incorporate;
Kannapolis infringes with land development.
Cabarrus B.L.O.C.K. asks for boycott of Food Lion.
Read Here
Voluntary annexations approved

November, 23, 2005:
Why is Kannapolis annexing into the Odell community?

"Why does Kannapolis City want to provide water and sewer into Odell Community? The Water and Sewer Fund is already $42 million in Debt. Last year a special report to Kannapolis City Council reported over $13 million needed to repair old water and sewer lines in Kannapolis." 
Harold Smith, website: www.goharoldsmith.com

Kannapolis growth dealt a blow By Michael Roessler Independent Tribune

Friday, July 15, 2005

Kannapolis' efforts to grow westward will be re-examined after a key legislator came out against the city's plans.

Residents of the Odell community who are against the city's efforts to get greater annexation authority praised the decision by N.C. Rep. Jeff Barnhart to oppose Kannapolis' plans.

The city's inability to annex substantial land to the west of its current boundaries removes what could have been a significant obstacle to the Odell community's campaign to incorporate.

Read the article - Click Here

The article below gives a pretty good idea of what these Local Special Bills can do.

Growth cap waived for Kannapolis By Michael Roessler
mroessler@independenttribune.com
Sunday, July 10, 2005

Read the Article - Click Here

Annexation Articles

History:

Kannapolis is one of many municipalities pursuing powers to annex beyond what the current Statutes allow by using Special Legislation, such as a Local Bill to increase the size and scope of Satellite Annexation limited by Annexation Statutes.
All they need is a willing Legislator to introduce a Bill.

This is another way that cities can grab just about any piece of land that looks attractive to them.