SB 826

This bill limits the authority of cities and villages to annex town territory by

creating new requirements related to contiguity, population, and land that is

available for development.

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 and the city

or village either agrees to make limited payments to the town based on property

taxes that the town levied on the annexed territory or the town and the city or village

enter into a boundary agreement.

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.

Subject to some exceptions, this bill imposes new conditions on a city or village

that wishes to annex a parcel of town land that is contiguous to the city or village.

Under the bill, such a parcel of town land may not be considered to be contiguous to

the city or village unless two conditions apply: 1) the parcel must include a

continuous border with the city or village that is at least as long as a distance equal

to 25 percent of the perimeter of the parcel that is proposed to be annexed; and 2) the

minimum width of the parcel that may be annexed must be a distance equal to 25

percent of the perimeter of the parcel that is proposed to be annexed.

Under one of the exceptions to the provisions created in the bill, an annexation

may occur if it does not meet the contiguity provisions if the proposed annexation is