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HELPFUL:
Annexation Talking Points and
Statements
How Others,
For and Against, View the Issue of Involuntary Annexation.
Studies and
meetings have occurred over the years about involuntary annexation.
Below are some statements, comments, and views from
citizens and
government
officials about the Involuntary Annexation Process.
General Statements about
Involuntary Annexation
Municipalities
often have regular access to legal assistance that is paid
for by the taxpayers, but the taxpayer as a threatened
property owner is on his or her own to cover legal
challenges and expenses.
There are few legal
challenges because it is so difficult to win.
Burden of persuasion is on
victims. Put the burden on the municipality.
There
is a presumption in favor of municipalities
No checks and balances; municipalities
do not have any impetus to do the right thing.
Property owners should
initiate annexation.
Avoid one-size-fits-all
solutions.
Owners adjacent to
the annexed property are affected.
There is a distrust of
city officials among people being annexed.
There are
inconsistencies in the law.
Municipalities are
allowed to make decisions for residents that are not
represented.
Current system is
taxation without representation.
Fundamentally, this is a property rights issue.
Involuntary Annexation is
unconstitutional.
No forced annexation.
Involuntary Annexation Procedural Issues
Communication and Notice
Problems
Need adjustments in
notice to the public and property owners.
Need better and more
timely notification.
Give 30 days notice prior
to hearing.
Provide itemized agenda
for public meetings.
There is not enough
opportunity for real input.
Need better
communication between owners and municipalities.
Need for early
notification of homeowners, township officials, and homeowners
associations.
Establish a process for
negotiation that brings all stakeholders to the table.
Communicate what citizens will get.
We need easier access to
materials.
Impose fines and penalties
for violating open meeting laws.
Process could be improved
by providing notice by mail and two notices in the paper.
Involuntary Annexation Procedural Issues
General
The current legal
challenge period is too short. Property owners must scramble to be
able to file within 60 days.
There is no recourse
short of legal action.
Need a better appeal
process.
What is the process for
de-annexing?
There should be independent
review of fiscal plans and impacts.
The
county commissioners should vote.
Return
annexation law to the way it was prior to 1959, when the existing law
was passed.
Involuntary
Annexation versus Self-Determination
The
current process is un-democratic; it lacks choice for property owners.
A referendum system is
preferred; property owners should be allowed to vote.
All annexations should be
approved by a ballot.
Involuntary Annexation Economic and Fiscal Issues
Against Involuntary Annexation:
Cities and towns annex
for financial reasons.
Most people
acknowledged that municipalities annex to increase tax base, but
people suggested that municipalities annex land selectively and avoid
annexation of poor areas.
Some critics of
annexation allege that municipalities need to annex because they are
inefficient and have squandered resources.
Why
should new residents want to pay previous debt?
Property owners should not be forced to subsidize poorly managed
government.
Many critics of
annexation argue that they do not want or need municipal services or
that the services they would receive following annexation are
overpriced.
Communities don’t necessarily need to grow to prosper.
Some municipalities are
annexing to increase population for the upcoming census and election
gerrymandering
The current property
tax system prompts communities to annex.
Cities
annex for additional assessed value.
Municipalities practice
“cherry picking.” Cities and towns choose the most desirable areas
for annexation. They often skip poor areas.
Communities often annex
territory that they don’t necessarily want in order to later
annex property that is further away.
Lessen the reliance on
property taxes as revenue source for local government.
Annexation increases property taxes for newly annexed property owners.
Additional taxation comes without enough gain.
Annexation can have a devastating effect on retired rural residents on
fixed incomes.
Annexation is used by
cities and towns that want revenue but can’t afford to provide
services to the newly annexed area.
We have a complex system
of layered government. Often there are higher water and sewer rates
inside municipalities.
Annexation has a significant impact on townships and counties that have
invested in capital assets (fire equipment, etc.). These investments
must be paid off.
Municipalities need to give some
credit for improvements previously made to
properties. Property owners that installed a
new well or septic system should not have to connect to municipal
infrastructure if
they do not need it.
Municipalities don’t have to compete. Annexation allows them to continue
to be fiscally irresponsible.
Annexation duplicates existing functioning services.
Cities have
responsibility to provide services within newly annexed areas.
Often there is not a
good reason for annexation or plan for providing services.
The delivery of
infrastructure and consistency of services are a concern.
Municipal fire service is more expensive.
Bigger is not always
better.
Arguments For Annexation:
Municipal officials
counter that annexation is necessary for economic health and is
necessary to avoid subsidizing county residents who routinely use
municipal services such as parks but do not pay for them.
Municipal officials note
that people in municipalities pay for county services like the sheriff
but never use them.
Annexation is a tool
advantageous to developers;
cities and towns provide utilities that make
the land easier to develop intensely.
Cities need to grow. Landlocked municipalities have difficulties
providing services over time.
Small towns have limited funds to deal with issues.
If a city is in trouble, the suburbs provide a revenue windfall.
Annexation recaptures migration out of municipalities to suburbs.
Annexation is needed to allow redevelopment of inner cities.
There often are tax inequities between residents of a municipality and
residents of the fringe; many citizens at the fringe benefit from city
expenditures but pay no municipal taxes.
Local economic development happens mostly in cities and towns.
Cities/towns use utility revenues to offset other expenses.
There are un-annexed
pockets of land that are difficult to serve.
Reduce county taxes for city taxpayers.
Diminished rural fire departments have fewer resources
Need to function as a
region. Not to do so spells doom. Think regionally
Combine
services for more efficiency.
Annexation can provide
efficiencies in service delivery.
More joint services and shared planning.
Regular
boundaries make service provision more efficient
It should be ok to
annex properties that already receive city services.
Involuntary Annexation and Public Health,
Environmental, and Quality of Life Issues.
Although
annexation sometimes occur to solve public health and environmental
problems like failing septic systems and inadequate drinking water
supplies, most involuntary annexations take in areas that are not
failing.
Many people
agree that in cases where municipal services like sewer and water were
required to serve particular populations, annexation is appropriate.
Some people
believe, however, that if these are the only services provided, they
can be paid for through user charges and there is no need to annex.
People note
that annexation leads to more dense development, changes rural
character, and leads to sprawl, loss of farmland, and destruction of
wildlife habitat.
Others note
that the annexation statute requires that the land to be annexed should be urban
in character and that contiguous areas often already are densely
developed.
Miscellaneous Involuntary Annexation Issues
Many concerns
expressed by people address issues much broader than annexation.
People
questioned, for example, growth for growth’s sake, who should
pay for new schools, and a perceived lack of communication among local
units of government.
People have
noted that places that cannot annex are as well successful and
concluded that annexation is not essential for prosperity.
*Others
concluded that growth in outlying areas contributes to the decline of
inner cities and that annexation can help municipalities strengthen
inner cores.
*Municipal
officials suggested that the legislature respects home rule and gives
deference to the judgment of local officials.
*There was consensus
that there are environmental problems that require services. Once
services are supplied then municipalities should annex.
*Annexation can correct environmental problems resulting from failing
private water and sewer systems.
Annexation can cause loss of identity and sense of place.
Annexation creates higher land-use densities and changes rural
character.
Annexation
creates political and social upheaval.
There
are changes in lifestyle that result from the imposition of municipal
laws.
Zoning
often changes with annexation. Owner loses the right to use a property
as s/he wants.
Annexation contributes to
the consumption of valuable farmland
There are general negative
effects associated with development.
Development conflicts
occur when farms and development mix. Livestock operations cause the
greatest controversy.
Annexation sometimes results in the loss of wildlife areas.
School
populations are growing. Who pays for the growth?
There should be
no growth for growth’s sake.
Annexation issues are different for residential and
commercial/industrial properties.
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StopNCAnnexation