§ 6-51-201 — Procedure - Ordinance - Referendum - Deeanexation

(a) Any incorporated city or town, whether it was incorporated by general or special act, may contract its limits within any given territory; provided, that three fourths (3/4) of the qualified voters voting in an election thereon assent thereto. (b) (1) Any incorporated city or town, whether it was incorporated by general or special act, may after notice and public hearing, contract its limits within any given territory upon its own initiative by ordinance when it appears in the best interest of the affected territory. (2) Such contraction of limits within any territory shall not occur unless a majority of the total membership of the city legislative body approves such contraction. (3) Such contraction of limits within any territory shall not occur if opposed by a majority of the voters residing within the area to be deannexed. The concurrence of a majority of the voters shall be presumed unless a petition objecting to deannexation signed by ten percent (10%) of the registered voters residing within the area proposed to be deannexed is filed with the city recorder within seventy-five (75) days following the final reading of the contraction ordinance. If such a petition is filed, a referendum shall be held at the next general election to ascertain the will of the voters residing in the area that the city proposes to deannex. The ballot shall provide a place where voters may vote for or against deannexation by the city. If a majority of those voting in the referendum fail to vote for the deannexation, the contraction ordinance shall be void and the matter may not be considered again for two (2) years. If a majority vote for deannexation, the ordinance shall become effective upon certification of the result of the referendum. (c) (1) Owners of real property used primarily for agricultural purposes who reside in a territory previously annexed by ordinance that was not annexed through a referendum or a request of the property owner may petition the municipality to deannex such property, if: (A) The deannexation of the property does not create an area of unincorporated territory that is completely surrounded by municipal boundaries; and (B) The owner of some or all of the property at the time the petition is made: (i) Is the same owner or owners as when the property was annexed; or (ii) A direct descendant of the person who owned the property at the time of annexation. As used in this subdivision (c)(1)(B)(ii), "direct descendant" means a child, grandchild, or a sibling. (2) The petition must include a copy of the ordinance that includes the map of the plat seeking deannexation. The map must be the same map the municipality used to annex the territory. (3) Upon receiving the petition for deannexation, the municipality shall determine the debt amount owed pursuant to § 6-51-204(a) , if any, within thirty (30) days. (4) The deannexation of the property becomes operative ninety (90) days after receipt of the petition by the municipality. (d) This section does not require a municipal utility to cease providing electrical service, sanitary sewer service, other utility services, or street lighting in the territory excluded from the municipality's corporate limits. (e) For purposes of this section, "property used primarily for agricultural purposes" means: (1) The property is owned or operated by a person whose federal income tax return contains one (1) or more of the following for at least three (3) years: (A) Business activity on IRS schedule F, profit or loss from farming, and the business activity reflected on the form is related to the property that is the subject of the petition; or (B) Farm rental activity on IRS form 4835, farm rental income and expenses or schedule E, supplemental income and loss, and the farm rental activity reflected on the form is related to the property that is the subject of the petition; (2) The person who owns or operates the property is a qualified farmer or nurseryman as defined in § 67-6-207 ; (3) The property was classified at the time of annexation and has continued being classified as agricultural land or forest land pursuant to § 67-5-1005 or § 67-5-1006 , except for those properties annexed prior to January 1, 1977; and (4) The property has been maintained in use of agriculture as defined in § 1-3-105 since annexation occurred.

Legislative History

Amended by 2023 Tenn. Acts, ch. 398, s 1, eff. 7/1/2023. Acts 1875, ch. 92, § 15; Shan., § 1911; mod. Code 1932, § 3322; Acts 1955, ch. 61, § 1; 1955, ch. 113, § 10; 1979, ch. 363, § 1; T.C.A. (orig. ed.), § 6-304; Acts 1984, ch. 731, § 1.