In re Annexation Ordinance Adopted by the City of Albemarle

261 S.E.2d 39, 44 N.C. App. 274, 1979 N.C. App. LEXIS 3243
CourtCourt of Appeals of North Carolina
DecidedDecember 18, 1979
DocketNo. 7920SC194
StatusPublished

This text of 261 S.E.2d 39 (In re Annexation Ordinance Adopted by the City of Albemarle) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Annexation Ordinance Adopted by the City of Albemarle, 261 S.E.2d 39, 44 N.C. App. 274, 1979 N.C. App. LEXIS 3243 (N.C. Ct. App. 1979).

Opinion

MARTIN (Robert M.), Judge.

Petitioners, by their third assignment of error, contend that the trial court erred in concluding that respondent’s ordinance and plan for annexation complied with the provisions of N.C. Gen. Stat. § 160A-48. The pertinent portions of the statute in question are set out below:

§ 160A-48. Character of area to be annexed.—(a) A municipal governing board may extend the municipal corporate limits to include any area
(1) Which meets the general standards of subsection (b), and
(2) Every part of which meets the requirements of either subsection (c) or subsection (d).
(b) The total area to be annexed must meet the following standards:
(1) It must be adjacent or contiguous to the municipality’s boundaries at the time the annexation proceeding is begun.
(2) At least one eighth of the aggregate external boundaries of the area must coincide with the municipal boundary.
(3) No part of the area shall be included within the boundary of another incorporated municipality.
(c) Part of all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:
(1) Has a total resident population equal to at least two persons for each acre of land included within its boundaries; or
(2) Has a total resident population equal to at least one person for each acre of land included within its boundaries, and is subdivided into lots and tracts such that at least sixty percent (60 °/o) of the total acreage consists of lots and tracts five acres or less [277]*277in size and such that at least sixty percent (60%) of the total number of lots and tracts are one acre or less in size; or
(3) Is so developed that at least sixty percent (60%) of the total number of lots and tracts in the area at the time of annexation are used for residential, commercial, industrial, institutional or governmental purposes, and is subdivided into lots and tracts such that at least sixty percent (60%) of the total acreage, not counting the acreage used at the time of annexation for commercial, industrial, governmental or institutional purposes, consists of lots and tracts five acres or less in size.
(d) In addition to areas developed for urban purposes, a governing board may include in the area to be annexed any area which does not meet the requirements of subsection (c) if such area either:
(1) Lies between the municipal boundary and an area developed for urban purposes so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services and/or water and/or sewer lines through such sparsely developed area; or
(2) Is adjacent, on at least sixty percent (60%) of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c).
The purpose of this subsection is to permit municipal governing boards to extend corporate limits to include all nearby areas developed for urban purposes and where necessary to include areas which at the time of annexation are not yet developed for urban purposes but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

[278]*278From this statute it may be seen that two different levels of analysis must be employed in determining whether property sought to be annexed by a municipality meets the statutory requirements. Initially, the entire area to be annexed viewed as a whole, must meet all of the standards enunciated in N.C. Gen. Stat. § 160A-48(b). Assuming the area so qualifies, the next inquiry is whether all parts of the area to be annexed meet either the standards of N.C. Gen. Stat. § 160A-48(c) (property developed for urban purposes) or the standards of N.C. Gen. Stat. § 160A-48(d) (property not otherwise meeting the developed for urban purposes criteria).

Petitioners strongly contend that the tests of N.C. Gen. Stat. § 160A-48(c) must be applied to the entire tract sought to be annexed by respondent. When so applied, it is argued, the tract does not meet the requirements, and so the annexation is not valid. In support of this contention they cite In re Annexation Ordinance [Charlotte], 284 N.C. 442, 202 S.E. 2d 143 (1974). In that case, the municipality sought to annex land, all of which had been qualified under the “developed for urban purposes” test. However, the area to be annexed was subdivided by the City into study areas. In some of the more populated study areas, “population credits” (the excess of persons in the area over the two per acre required by N.C. Gen. Stat. § 160A-48(c)(l)) were employed to extend the boundaries of the study areas outward into land which, by itself, did not meet the developed for urban purposes test. The court held that this was not a proper application of the statutory standard. Instead, the population credits accumulated in one study area must be applied uniformly to the area to be annexed as a whole. Therefore, when all of the property sought to be annexed by a municipality was qualified under the standard of N.C. Gen. Stat. § 160A-48(c)(l), the standard must be uniformly applied to that area as a whole. Also see In re Annexation Ordinance [Goldsboro] 296 N.C. 1, 249 S.E. 2d 698 (1978).

A markedly different situation is presented by the instant case. Respondent does not seek to annex undeveloped lands beyond the developed areas peripheral to its present boundaries, but rather seeks to annex undeveloped lands which lie between its boundaries and those substantial areas developed for urban purposes which it also seeks to annex. Furthermore, while the tests of N.C. Gen. Stat. § 160A-48(c) have been uniformly applied [279]*279to the areas developed for urban purposes and those tracts are thereby qualified for annexation under this statute, the other areas have been qualified under subsection (d) of the same statute.

The annexation statutes as embodied in Chapter 160A recognize that municipalities of differing sizes tend to display differing patterns of development in the areas outside the municipal boundaries:

§ 160A-33. Declaration of policy. — It is hereby declared as a matter of State policy:
* * *
(4) That new urban development in and around municipalities having a population of less than 5,000 persons tends to be concentrated close to the municipal boundary rather than being scattered and dispersed as in the vicinity of larger municipalities, so that the legislative standards governing annexation by smaller municipalities can be simpler than those for larger municipalities and still attain the objectives set forth in this section. . . .
§ 160A-45. Declaration of policy. —It is hereby declared as a matter of State policy:
* * *

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ADAMS-MILLIS CORPORATION v. Town of Kernersville
169 S.E.2d 496 (Court of Appeals of North Carolina, 1969)
In Re Annexation Ordinance Adopted by the City of Charlotte
202 S.E.2d 143 (Supreme Court of North Carolina, 1974)
In Re Annexation Ordinance Adopted by the City of Jacksonville
122 S.E.2d 690 (Supreme Court of North Carolina, 1961)
In re Annexation Ordinance Adopted by the City of New Bern
180 S.E.2d 851 (Supreme Court of North Carolina, 1971)
In re the Ordinance of Annexation No. 1977-4
249 S.E.2d 698 (Supreme Court of North Carolina, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
261 S.E.2d 39, 44 N.C. App. 274, 1979 N.C. App. LEXIS 3243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-annexation-ordinance-adopted-by-the-city-of-albemarle-ncctapp-1979.