(1) Notwithstanding any provisions of this part 1 to
the contrary, the following limitations apply to all annexations:
(a) In establishing the boundaries of any territory to be annexed, no land held
in identical ownership, whether consisting of one tract or parcel of real estate or
two or more contiguous tracts or parcels of real estate, shall be divided into
separate parts or parcels without the written consent of the landowners thereof
unless such tracts or parcels are separated by a dedicated street, road, or other
public way.
(b) In establishing the boundaries of any area proposed to be annexed, no
land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate, comprising twenty
acres or more (which, together with the buildings and improvements situated
thereon has a valuation for assessment in excess of two hundred thousand dollars
for ad valorem tax purposes for the year next preceding the annexation) shall be
included under this part 1 without the written consent of the landowners unless
such tract of land is situated entirely within the outer boundaries of the annexing
municipality as they exist at the time of annexation. In the application of this
paragraph (b), contiguity shall not be affected by a dedicated street, road, or other
public way.
(c) No annexation pursuant to section 31-12-106 and no annexation petition
or petition for an annexation election pursuant to section 31-12-107 shall be valid
when annexation proceedings have been commenced for the annexation of part or
all of such territory to another municipality, except in accordance with the
provisions of section 31-12-114. For the purpose of this section, proceedings are
commenced when the petition is filed with the clerk of the annexing municipality or
when the resolution of intent is adopted by the governing body of the annexing
municipality if action on the acceptance of such petition or on the resolution of
intent by the setting of the hearing in accordance with section 31-12-108 is taken
within ninety days after the said filings if an annexation procedure initiated by
petition for annexation is then completed within the one hundred fifty days next
following the effective date of the resolution accepting the petition and setting the
hearing date and if an annexation procedure initiated by resolution of intent or by
petition for an annexation election is prosecuted without unreasonable delay after
the effective date of the resolution setting the hearing date.
(d) As to any annexation which will result in the detachment of area from any
school district and the attachment of the same to another school district, no
annexation pursuant to section 31-12-106 or annexation petition or petition for an
annexation election pursuant to section 31-12-107 is valid unless accompanied by a
resolution of the board of directors of the school district to which such area will be
attached approving such annexation.
(e) (I) Except as otherwise provided in this paragraph (e), no annexation may
take place that would have the effect of extending a municipal boundary more than
three miles in any direction from any point of such municipal boundary in any one
year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a)
may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir,
stream, or other natural or artificial waterway. Prior to completion of any
annexation within the three-mile area, the municipality shall have in place a plan for
that area that generally describes the proposed location, character, and extent of
streets, subways, bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks, aviation fields, other public ways, grounds, open spaces, public
utilities, and terminals for water, light, sanitation, transportation, and power to be
provided by the municipality and the proposed land uses for the area. Such plan
shall be updated at least once annually. Such three-mile limit may be exceeded if
such limit would have the effect of dividing a parcel of property held in identical
ownership if at least fifty percent of the property is within the three-mile limit. In
such event, the entire property held in identical ownership may be annexed in any
one year without regard to such mileage limitation. Such three-mile limit may also
be exceeded for the annexation of an enterprise zone.
(II) Prior to completion of an annexation in which the contiguity required by
section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph
(e), the municipality shall annex any of the following parcels that abut a platted
street or alley, a public or private right-of-way, a public or private transportation
right-of-way or area, or a lake, reservoir, stream, or other natural or artificial
waterway, where the parcel satisfies all of the eligibility requirements pursuant to
section 31-12-104 and for which an annexation petition has been received by the
municipality no later than forty-five days prior to the date of the hearing set
pursuant to section 31-12-108 (1):
(A) Any parcel of property that has an individual schedule number for county
tax filing purposes upon the petition of the owner of such parcel;
(B) Any subdivision that consists of only one subdivision filing upon the
petition of the requisite number of property owners within the subdivision as
determined pursuant to section 31-12-107; and
(C) Any subdivision filing within a subdivision that consists of more than one
subdivision filing upon the petition of the requisite number of property owners
within the subdivision filing as determined pursuant to section 31-12-107.
(e.1) The parcels described in subparagraph (II) of paragraph (e) of this
subsection (1) shall be annexed under the same or substantially similar terms and
conditions and considered at the same hearing and in the same impact report as the
initial annexation in which the contiguity required by section 31-12-104 (1)(a) is
achieved by annexing a platted street or alley, a public or private right-of-way, a
public or private transportation right-of-way or area, or a lake, reservoir, stream, or
other natural or artificial waterway. Impacts of the annexation upon the parcels
described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such
platted street or alley, public or private right-of-way, public or private
transportation right-of-way or area, or lake, reservoir, stream, or other natural or
artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide
upon any petition for annexation of any parcel of property having an individual
schedule number for county tax filing purposes, which petition was received not
later than forty-five days prior to the hearing date, where the parcel abuts any
parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and
where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104.
(e.3) In connection with any annexation in which the contiguity required by
section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or
private right-of-way, a public or private transportation right-of-way or area, or a
lake, reservoir, stream, or other natural or artificial waterway, upon the latter of
ninety days prior to the date of the hearing set pursuant to section 31-12-108 or
upon the filing of the annexation petition, the municipality shall provide, by regular
mail to the owner of any abutting parcel as reflected in the records of the county
assessor, written notice of the annexation and of the landowner's right to petition
for annexation pursuant to section 31-12-107. Inadvertent failure to provide such
notice shall neither create a cause of action in favor of any landowner nor invalidate
any annexation proceeding.
(f) In establishing the boundaries of any area proposed to be annexed, if a
portion of a platted street or alley is annexed, the entire width of said street or alley
shall be included within the area annexed.
(g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a
municipality shall not deny reasonable access to landowners, owner of an
easement, or the owner of a franchise adjoining a platted street or alley which has
been annexed by the municipality but is not bounded on both sides by the
municipality.
(h) The execution by any municipality of a power of attorney for real estate
located within an unincorporated area shall not be construed to comply with the
election provisions of this article for purposes of annexing such unincorporated
area. Such annexation shall be valid only upon compliance with the procedures set
forth in this article.
(i) For any annexation that will result in annexation of lands within the
exterior boundaries of a reservation of a federally recognized Indian tribe located
within the state, no annexation pursuant to section 31-12-106 or annexation petition
or petition for an annexation election pursuant to section 31-12-107 is valid unless
accompanied by a resolution or ordinance of the tribal council or other governing
body of the federally recognized Indian tribe within whose reservation the
annexation will occur approving the annexation. This subsection (1)(i) applies to
annexation of all lands within the exterior boundaries of a reservation of a federally
recognized Indian tribe located within the state regardless of the status of the
lands sought to be annexed.