HB 1439, Municipal Deannexation Procedures

Municipal Impact
Position
Oppose
GMA Contact
Tom Gehl, (678) 686-6247
Bill Sponsor

Rep. Brad Thomas
District 21

This legislation would create an unnecessary and costly process for cities to object to any petition a county receives for deannexation of territory from its city limits. Current law allows for land to be deannexed from a city in response to a signed application by all of the owners of the land seeking deannexation. The decision whether to deannex an area is treated the same as a decision to annex by the 100% method and left to the discretion of the municipal governing authority. 

Municipalities would only be able to object to a proposed annexation because of a material increase in burden upon the municipality directly related to a proposed change in zoning or land use, proposed increase in density and infrastructure demands related to the proposed land use or zoning. Delivery of services may be used in support of a valid objection. 

In order for an objection to be valid, the proposed change in zoning or land use must: Result in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use; or a use which significantly increases the net cost of infrastructure or significantly diminishes the value or useful life of a capital outlay project which is furnished by the county to the area to be annexed; and for an objection to be valid it must provide evidence that the proposed change in zoning or land use will result in a significantly increased net cost in infrastructure, a significantly diminished value or useful life of a capital outlay project, a substantial change intensity with respect to how the property is used, or a use significantly different from its current allowable use. 

Also, the proposed change in land use must differ substantially from the existing uses suggested for the property by the county’s comprehensive land use plan or permitted for the property pursuant to the county’s zoning ordinance or its land use ordinances.

The determination of the validity of any municipal objection to a deannexation petition would be determined by an arbitration panel in a similar fashion as such panels decide county objections to proposed annexations which propose changes in zoning or land use. 

Last Updated: 2/25/2022
Subject Area: Land Use and Annexation
Resources: bill text
BILL STATUS
3/1/2022 - Assigned To House Committee

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