MORGANTOWN — A bill to limit cities’ ability to annex territory by minor boundary adjustment cleared the Senate Government Organization Committee on Thursday and heads to the Senate floor.
SB 209 began as an outright ban on this type of annexation but morphed into a restricted approach after input from various stakeholders, including the Municipal League.
The committee began looking at a revised version of the bill on Tuesday but paused when meeting time ran out. Committee staff held additional stakeholder talks and put before the senators a further revised version on Thursday.
In minor boundary adjustment under current law, the city bypasses the consent of freeholders and voters and applies to the county commission for the annexation. The commission decides if the application meets the various threshold requirements, including whether the annexation could be efficiently and cost effectively accomplished under either of the other available methods.
Thursday’s committee substitute for SB 209 would require each business, voter and freeholder in the territory proposed for annexation to execute an affidavit of consent.
In the case of an absentee landowner or a vacant property, the city would send a letter and affidavit form to the owner’s address. The owner would have 90 days to respond; no response would be considered consent.
If the county commission determines annexation could be achieved more efficiently or cost effectively via two other methods in code – via petition by 5% of the freeholders followed by a citywide vote, or via petition by both a majority of the qualified voters and a majority of the freeholders in the proposed new territory – it must deny the application.
The bill places a two-year moratorium on a reapplication for the same area, except upon a court order issued via appeal by the city.
Much of the discussion on Tuesday focused on Morgantown’s ongoing annexation conflict. Morgantown’s annexation tug-of-war kicked off at the beginning of last year. The city received an annexation report in January and released its plan in April. City Council intended to grow the city by about a third via minor boundary adjustment, adding 3.8 square miles, 12,380 new residents, 367 businesses and 43 miles of roads.
The plan is on hold following strenuous objection from FAIR – Forced Annexation Isn’t Right.
Morgantown resident Michael Callen told the committee on Tuesday that annexation by minor boundary adjustment infringes on residents’ right to vote.
The bill would apply statewide. Its sponsors are from opposite ends of the state: Sen. Patricia Rucker, R-Jefferson, and Government Organization Committee chair Mark Maynard, R-Wayne.
There was no further discussion on Thursday and the bill passed by voice vote.
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