HB12 Alabama 2020 Session

Under existing law, if all of the property owners in an area consent to annexation of that property, the property may be annexed without an act of the Legislature. Property within overlapping police jurisdictions of two or more incorporated municipalities, limited to a boundary which is equidistant from the respective corporate limits of the municipalities, may be annexed under certain conditions

This bill would allow annexation of all of the property in overlapping police jurisdictions upon consent of all of the property owners and assent to the annexation by all of the affected municipalities by adoption of a resolution

Relating to annexation; to amend Section 11-42-21, Code of Alabama 1975, to provide for the annexation of all of the property in overlapping police jurisdictions upon consent of all of the parties and all of the affected municipalities under certain conditions.

Section 1

Section 11-42-21, Code of Alabama 1975, is amended to read as follows:

§11-42-21.

(a) Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality located in the state of Alabama and such the property does not lie within the corporate limits or police jurisdiction of any other municipality, shall sign and file a written petition with the city clerk of such the municipality requesting that such the property or territory be annexed to the said municipality, and the governing body of such the municipality adopts an ordinance assenting to the annexation of said the property to such the municipality, the corporate limits of said the municipality shall be extended and rearranged so as to embrace and include such the property, and such the property or territory shall become a part of the corporate area of such the municipality upon the date of the publication of said the ordinance.

(b)(1) It is provided further, that in In the event any such incorporated municipality's police jurisdiction overlaps with the police jurisdiction of one or more other incorporated municipalities, the governing body of each such any one of the incorporated municipality municipalities may exercise the authority of this article, in such the overlapping portions of their police jurisdiction, to a boundary which is equidistant from the respective corporate limits of each of such the incorporated municipalities which have overlapping police jurisdictions.

(2) , and provided further, If all of the owners of property located and contained within such the area to be annexed sign and file a written petition with the city clerk of the incorporated municipality requesting that the property be annexed to the incorporated municipality, and such the property is contiguous to the corporate limits of such an the incorporated municipality, shall sign and file a written petition with the city clerk of such incorporated municipality requesting that such property be annexed to said incorporated municipality and the governing body of such the incorporated municipality adopts an ordinance assenting to the annexation of said the property to such the municipality, the corporate limits of said the municipality shall be extended and rearranged so as to embrace and include such the property and such the property or territory shall become part of the corporate area of such the municipality upon the date of the publication of said the ordinance.

(c) If an incorporated municipality intends to exercise its rights pursuant to subsection (b), but would have to perform more than one annexation pursuant to the equidistant rule provided by subsection (b) to acquire the entire parcel of property it intends to annex, the incorporated municipality may request that all of the municipalities whose police jurisdictions overlap assent to the annexation by adoption of a resolution of the governing body of each of the municipalities, and if the governing body of the annexing municipality adopts an ordinance assenting to the annexation of the property to the municipality, then the corporate limits of the municipality shall be extended and rearranged so as to embrace and include the property, and the property shall become a part of the corporate area of the municipality upon the date of the publication of the ordinance.

(d) The petition required by this section shall contain an accurate description of the property or territory proposed to be annexed together with a map of the said territory property showing its relationship to the corporate limits of the municipality to which said the property is proposed to be annexed and the signatures of all of the owners of the property or territory described. It shall be the duty of the governing body to file a description of the property or territory annexed in the office of the judge of probate of the county in which the municipality is located."

Section 2

This act shall become immediately following its passage and approval by the Governor, or its otherwise becoming law.