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Annexation rules are effective
Written by Macon Telegraph   
Tuesday, 13 February 2007

Macon Telegraph

Forces on both sides of annexation reform in the General Assembly are circling wagons over two measures which if approved would radically change the way cities can annex property into incorporated limits.

In very broad terms, House Bill 2 would restrict a city's ability to annex property by requiring municipalities to agree to a binding arbitration process with the county if it objects to the proposed annexation. House Bill 123 would allow property owners to de-annex from cities without a vote from their respective city council.

Both of these appeal to emotions. And each side can pose arguments why they believe such annexation reform is necessary. Ultimately, it's likely that the Association County Commissioners will pull the Georgia Municipal Association to the negotiation table for discussions on both proposals. There are cloudy areas. The Telegraph noted on Monday that Warner Robins' annexation has become a "hot topic" in Peach County as it reaches into Peach County, leaving Fort Valley and Byron to compete over jurisdiction.

All things considered, however, the Legislature should move slowly. Annexation already has many restrictions. For example, the Atlanta Journal-Constitution has reported that under Georgia law, cities can only annex unincorporated land using the following methods:

  • Lobby the state Legislature to approve an annexation.
  • Have the approval of 100 percent of the landowners, or landowner if it's a single piece of property.
  • Petition 60 percent of the residents in a proposed annexation area and hold a referendum.
  • A city council can call an annexation referendum on its own, and
  • A city can annex unincorporated land that it surrounds.

These rules make it clear that except in the case where property to be annexed is surrounded by a city, municipalities cannot arbitrarily absorb property without the permission of the Legislature or from residents on the property to be annexed.

Lawmakers would do better to consider whether or not the system needs tweaking rather than instituting wholesale changes.

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