AB 239

Currently, town territory that is contiguous to any city or village may be

annexed to that city or village under several methods if, in general, some of the city's

or village's territory is in the same county as the territory to be annexed, unless both

the town and county boards approve of the proposed annexation, and the city or

village agrees to make limited payments to the town based on property taxes that the

town levied on the annexed territory.

Three of the methods of annexation include the following: 1) direct annexation,

under which a petition for annexation that was signed by the required number of

electors and landowners is filed with the city or village clerk; 2) annexation by

referendum, under which a petition for referendum that was signed by the required

number of electors and landowners is filed with the city or village clerk, and a

referendum is held and passes in the town; and 3) annexation by court order and

referendum, under which the governing body of a city or village adopts a resolution

declaring its intention to apply to the circuit court for an order for an annexation

referendum.

Another method of annexation is direct annexation by unanimous approval. If

a petition for direct annexation by unanimous approval signed by all of the electors

residing in the territory and the owners of all of the real property in the territory is

filed with the city or village clerk and the town clerk of all of the involved towns, along

with a scale map and legal description of the property to be annexed, the governing

body of the city or village may, generally, annex the property by a two-thirds vote of

the body. Such an annexation, however, is subject to Department of Administration

advisory review as if the annexation petition were for direct, but not unanimous,

annexation or annexation by referendum.

Generally, cities and villages may also annex territory that is owned by the city

or village and that lies near but not necessarily contiguous to the city or village by

enacting an ordinance to annex such territory.

This bill limits the use of direct annexation by unanimous approval to town land

that is contiguous to the annexing city or village.

Under current law, a town may not challenge in court, on any grounds, any

direct annexation by unanimous approval as well as several other types of

annexations. Under this bill, a town may challenge direct annexation by unanimous

approval, as well as several other types of annexations, including annexation by

referendum initiated by a city or village and annexation of city-owned or

village-owned territory, but only on the issue of whether the territory proposed for

annexation is contiguous to the annexing city or village.