Annexation

Annexation of land is the principal means by which the territorial jurisdictions of local governments in the United States are expanded. Since land is a state subject, the statutes of at least 44 of 50 U.S. states identify conditions and procedures for annexation, as noted in 1993 by David Rusk. Almost all states in the Midwest and South have such laws while very few in the Northeast do.

Annexation can result in advantages and disadvantages for those whose property is annexed as well as for the annexing municipality. For owners of annexed land, possible benefits include better or cheaper access to municipal services and higher property prices (especially if the property is undeveloped and can be developed at higher densities or intensities after annexation). The disadvantages they may face include higher property taxes and a real or perceived dilution of political control. For cities, annexation helps in efforts toward orderly development in fringe areas, allowing for expansion of the local tax base, and developing the potential for economies of scale in the provision of municipal services from the larger population served. However, the [Page 33]greater need for capital expenses to build infrastructure in newly annexed areas can be a significant drain on municipal budgets, as noted by Eric Damien Kelly in 1993.

The process of annexation can be initiated by a property owner wanting to be annexed to a city or by a city wanting to annex land outside its jurisdiction. Voluntary annexation is when both parties, that is, the property owners and the municipality, are supportive of the action. By and large, this is the only type of annexation allowed in Northeastern states. When cities choose to annex extraterritorial land without the consent of landowners, which cities sometimes do, it is termed involuntary annexation. Since municipal approval is required for annexations in all but five states, as Kelly wrote, annexation is rarely involuntary for a municipality.

Requirements for annexations when specified in state statutes typically include conditions of contiguity, appropriate authority (or authorities), application procedures, guidelines for determination of annexation fees, hearing and review processes, and timelines for decisions. Several states require approval by a third party: in the case of 5 states, a judicial review, whereas in 10 states, approval by a quasijudicial body, as noted by Kelly. Eleven states require approval by the county government. About 19 states require annexation proposals to be approved by a majority of owners of the area being annexed, while a smaller number of states require approval from a majority of the voters within the annexing city, as noted by Rusk. Washington has a triple majority requirement requiring approval of annexation proposals by majorities of the annexing city, as well as of land parcels and land valuations involved; on the other hand, Idaho, Nebraska and North Carolina allow unilateral annexation by the municipality, as noted by Thomas D. Galloway and John D. Landis in 1986. About three fifths of the states require annexation proposals to be debated in public hearings. Since 1971, concerned about municipalities using annexation powers to add primarily white areas to cities and thereby diluting the political strength of other racial and ethnic groups, many states have required municipalities to have their annexation proposals cleared by the U.S. Department of Justice, as noted by Rusk.

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