9-471

9-471. Annexation of territory; procedures;
notice; petitions; access to information; restrictions

A. The following procedures are required to extend and increase the corporate
limits of a city or town by annexation:

1. A city or town shall file in the office of the county recorder of the county in
which the annexation is proposed a blank petition required by paragraph 4 of this
subsection setting forth a description and an accurate map of all the exterior boundaries
of the territory contiguous to the city or town proposed to be annexed, except that a
city or town shall not file an annexation petition that includes any territory for which
an unsuccessful annexation was attempted by the same city or town until at least
forty-five days after completion of the unsuccessful attempt. A property owner may waive
the forty-five day waiting period for the owner's property that was part of the original
unsuccessful annexation. Notice and a copy of the filing shall be given to the clerk of
the board of supervisors and to the county assessor. The accurate map shall include all
county rights-of-way and roadways that are within or contiguous to the exterior
boundaries of the area of the proposed annexation. If state land, other than state land
utilized as state rights-of-way or land held by the state by tax deed, is included in the
territory, written approval of the state land commissioner and the selection board
established by section 37-202 shall also be filed. For the purposes of this paragraph,
"unsuccessful annexation" means an annexation attempt that was withdrawn or that was not
completed pursuant to this section.

2. Signatures on petitions filed for annexation shall not be obtained for a waiting
period of thirty days after filing the blank petition.

3. After filing the blank petition pursuant to paragraph 1 of this subsection, the
governing body of the city or town shall hold a public hearing within the last ten days
of the thirty day waiting period to discuss the annexation proposal. The public hearing
shall be held in accordance with title 38, chapter 3, article 3.1, except that,
notwithstanding section 38-431.02, subsections C and D, the following notices of the
public hearing to discuss the annexation proposal shall be given at least six days before
the hearing:

(a) Publication at least once in a newspaper of general circulation, which is
published or circulated in the city or town and the territory proposed to be annexed, at
least fifteen days before the end of the waiting period.

(b) Posting in at least three conspicuous public places in the territory proposed
to be annexed.

(c) Notice by first class mail sent to the chairman of the board of supervisors of
the county in which the territory proposed to be annexed is located.

(d) Notice by first class mail with an accurate map of the territory proposed to be
annexed sent to each owner of the real and personal property as shown on the list
furnished pursuant to subsection G of this section that would be subject to taxation by
the city or town in the event of annexation in the territory proposed to be annexed. For
the purposes of this subdivision, "real and personal property" includes mobile, modular
and manufactured homes and trailers only if the owner also owns the underlying real
property.

4. Within one year after the last day of the thirty day waiting period a petition
in writing signed by the owners of one-half or more in value of the real and personal
property and more than one-half of the persons owning real and personal property that
would be subject to taxation by the city or town in the event of annexation, as shown by
the last assessment of the property, may be circulated and filed in the office of the
county recorder. For the purposes of this paragraph, "real and personal property"
includes mobile, modular and manufactured homes and trailers only if the owner also owns
the underlying real property.

5. No alterations increasing or reducing the territory sought to be annexed shall
be made after a petition has been signed by a property owner.

6. The petitioner shall determine and submit a sworn affidavit verifying that no
part of the territory for which the filing is made is already subject to an earlier
filing for annexation. The county recorder shall not accept a filing for annexation
without the sworn affidavit.

B. All information contained in the filings, the notices, the petition, tax and
property rolls and other matters regarding a proposed or final annexation shall be made
available by the appropriate official for public inspection during regular office hours.

C. Any city or town, the attorney general, the county attorney, or any other
interested party may upon verified petition move to question the validity of the
annexation for failure to comply with this section. The petition shall set forth the
manner in which it is alleged the annexation procedure was not in compliance with this
section and shall be filed within thirty days after adoption of the ordinance annexing
the territory by the governing body of the city or town and not otherwise. The burden of
proof shall be upon the petitioner to prove the material allegations of the verified
petition. No action shall be brought to question the validity of an annexation ordinance
unless brought within the time and for the reasons provided in this subsection. All
hearings provided by this section and all appeals therefrom shall be preferred and heard
and determined in preference to all other civil matters, except election actions. In the
event more than one petition questioning the validity of an annexation ordinance is
filed, all such petitions shall be consolidated for hearing. If two or more cities or
towns show the court that they have demonstrated an active interest in annexing any or
all of the area proposed for annexation, the court shall consider any oral or written
agreements or understandings between or among the cities and towns in making its
determination pursuant to this subsection.

D. The annexation shall become final after the expiration of thirty days from the
adoption of the ordinance annexing the territory by the city or town governing body,
provided the annexation ordinance has been finally adopted in accordance with procedures
established by statute, charter provisions or local ordinances, whichever is applicable,
subject to the review of the court to determine the validity thereof if petitions in
objection have been filed. After adoption of the annexation ordinance, the clerk of the
city or town shall provide a copy of the adopted annexation ordinance to the clerk of the
board of supervisors of each county that has jurisdiction over the annexed area within
sixty days of the annexation becoming final.

E. For the purpose of determining the sufficiency of the percentage of the value of
property under this section, such values of property shall be determined as follows:

1. In the case of property assessed by the county assessor, values shall be the
same as shown by the last assessment of the property.

2. In the case of property valued by the department of revenue, values shall be
appraised by the department in the manner provided by law for municipal assessment
purposes.

F. For the purpose of determining the sufficiency of the percentage of persons
owning property under this section, the number of persons owning property shall be
determined as follows:

1. In the case of property assessed by the county assessor, the number of persons
owning property shall be as shown on the last assessment of the property.

2. In the case of property valued by the department of revenue, the number of
persons owning property shall be as shown on the last valuation of the property.

3. If an undivided parcel of property is owned by multiple owners, such owners
shall be deemed as one owner for the purposes of this section.

4. If a person owns multiple parcels of property, such owner shall be deemed as one
owner for the purposes of this section.

G. The county assessor and the department of revenue, respectively, shall furnish
to the city or town proposing an annexation within thirty days after a request therefor a
statement in writing showing the owner, the address of each owner and the appraisal and
assessment of all such property.

H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of
this section unless:

1. It adjoins the exterior boundary of the annexing city or town for at least three
hundred feet.

2. It is, at all points, at least two hundred feet in width, excluding
rights-of-way and roadways.

3. The distance from the existing boundary of the annexing city or town where it
adjoins the annexed territory to the furthest point of the annexed territory from such
boundary is no more than twice the maximum width of the annexed territory.

I. A city or town shall not annex territory if as a result of such annexation
unincorporated territory is completely surrounded by the annexing city or town.

J. Notwithstanding any provisions of this article to the contrary, any town
incorporated prior to 1950 which had a population of less than two thousand persons by
the 1970 census and which is bordered on at least three sides by Indian lands may annex
by ordinance territory owned by the state within the same county for a new townsite which
is not contiguous to the existing boundaries of the town.

K. Subsections H and I of this section do not apply to territory which is
surrounded by the same city or town or which is bordered by the same city or town on at
least three sides.

L. A city or town annexing an area shall adopt zoning classifications that permit
densities and uses no greater than those permitted by the county immediately before
annexation. Subsequent changes in zoning of the annexed territory shall be made according
to existing procedures established by the city or town for the rezoning of land.

M. The annexation of territory within six miles of territory included in a pending
incorporation petition filed with the county recorder pursuant to section 9-101.01,
subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 that
did not exist prior to the annexation.

N. As an alternative to the procedures established in this section, a county
right-of-way or roadway may be annexed to an adjacent city or town by mutual consent of
the governing bodies of the county and city or town if the property annexed is adjacent
to the annexing city or town for the entire length of the annexation and if the city or
town and county each approve the proposed annexation as a published agenda item at a
regular public meeting of their governing bodies.

O. On or before the date the governing body adopts the ordinance annexing
territory, the governing body shall have approved a plan, policy or procedure to provide
the annexed territory with appropriate levels of infrastructure and services to serve
anticipated new development within ten years after the date when the annexation becomes
final pursuant to subsection D of this section.

P. If a property owner prevails in any action to challenge the annexation of the
property owner's property, the court shall allow the property owner reasonable attorney
fees and costs relating to the action from the annexing municipality.

Q. A city or town may annex territory that is a county owned park or a park
operated on public lands by a county as part of a management agreement if otherwise
agreed to by the board of supervisors. If the board of supervisors does not agree to the
annexation, the county owned park or park operated on public lands by a county as part of
a management agreement shall be excluded from the annexation area, notwithstanding
subsections H and I of this section. A county owned park or park operated on public lands
by a county as part of a management agreement that is excluded from the annexation area
pursuant to this subsection may subsequently be annexed with the permission of the board
of supervisors notwithstanding any other provision of this section. For the purposes of
this subsection, "public lands":

1. Has the same meaning prescribed in section 37-901.

2. Does not include lands owned by a flood control district.