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Senate Bill 0285


Senate Bill 0285

ARCHIVE (2013)

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DIGEST OF SB 285 (Updated April 26, 2013 6:56 pm - DI 87)


Annexation. Provides that if a person waives the person's right to remonstrate against an annexation as part of a contract with a municipality for providing sewer service to the person's property, the release is not binding on a successor in title to the property unless, for sewer contracts executed after June 30, 2013, the successor in title: (1) has actual notice of the waiver; or (2) has constructive notice of the waiver because the contract, or a signed memorandum of the contract stating the waiver, has been recorded in the chain of title of the property. (Under current law, the contract containing the waiver must be recorded in order to bind the successors in title of the party to the agreement.) Allows municipalities that annex territory that is contiguous to the municipality to exempt from property tax liability for municipal purposes any portion of the territory that is classified for zoning purposes as agricultural. Provides that: (1) the exemption remains in place as long as the property's zoning classification remains agricultural; and (2) the property owner must consent to changing the zoning classification from agricultural to another zoning classification. (Current law requires that: (1) the owner must consent to the annexation; and (2) the owner must consent to change the zoning classification from agricultural, but the property tax exemption is limited to not more than 10 years.) Removes a requirement that a town obtain the consent of a second or third class city before annexing territory within three miles of the city. Prohibits a town from annexing within one mile of the corporate boundaries of a second or third class city unless: (1) the town is located in a different county than the city; or (2) the annexation is obtained by consent of the landowners. Allows a town to annex within an area that extends: (1) more than one mile; and (2) less than three miles; outside the boundaries of a second or third class city, if any annexation by the town does not extend more than one mile outside the corporate boundaries of the town. Authorizes the establishment of the interim study committee on annexation to study: (1) the annexation process; (2) the impact of annexation on property owners and political subdivisions, including the shift in assessed value between political subdivisions; and (3) limiting the assessed value that a municipality may annex in a year or other period.
    Current Status:
     Law Enacted
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