(a)(1) A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners.
(2)A referendum is not required to effectuate annexation of territory if:
(A)All of the property owners within the territory proposed for annexation consent in writing; or (B) (i) [Repealed effective January 1, 2023.]
(ii)Subdivision (a)(2)(B) is repeal
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(a) (1) A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners. (2) A referendum is not required to effectuate annexation of territory if: (A) All of the property owners within the territory proposed for annexation consent in writing; or (B) (i) [Repealed effective January 1, 2023.] (ii) Subdivision (a)(2)(B) is repealed January 1, 2023. (b) (1) The municipality shall send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory. (2) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be: (i) Sent by first class mail pursuant to subdivision (b)(1); (ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality. (B) A person with personal knowledge of the mailing of the resolutions pursuant to subdivision (b)(2)(A)(i) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subsection (b). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(2)(A)(i) is not a reason to invalidate the annexation. (3) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information. (B) The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3') wide by two feet (2') tall, be affixed to a sturdy base with the top of the sign no less than five feet (5') from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. (4) As used in this subsection (b), "adjoining property owner" means a person who owns real property that shares a common boundary with the territory proposed for annexation or that any part of the property lies within two hundred feet (200') of the territory proposed for annexation. (c) A resolution proposing annexation by written consent of the property owner or owners shall become effective only upon adoption of such resolution by the municipality. (d) (1) A municipality may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either: (A) To be used for industrial or commercial purpose or future residential development; or (B) Owned by one (1) or more governmental entities. (2) A resolution under this subsection (d) shall be ratified only with the written consent of the property owner or owners. (3) For purposes of this subsection (d), the boundary of the main part of the municipality is defined as the corporate limits of the territory containing its town seat or city hall. Territory that does not adjoin that boundary before a proposal to annex it is introduced cannot be annexed except as provided in this subsection (d). (4) The resolution shall include the plan of services adopted under § 6-51-102 . The plan shall be prepared by the municipality in cooperation with the county in which the territory is located. The municipality and county shall enter into an interlocal agreement pursuant to § 5-1-113 to provide emergency services for any interceding properties and to maintain roads and bridges comprising the primary route to the area thus annexed as the municipality and county deem necessary. (5) [Deleted by 2017 amendment.]