RALEIGH (AP) ó A powerful House committee overwhelmingly approved legislation Thursday that would delay for a year some efforts by towns and cities to forcibly annex unincorporated land.
The moratorium on involuntary annexations would give lawmakers time to study and propose changes to the state annexation laws before the 2009 session, supporters told the House Finance Committee.
“This is simply a time-out,” said Rep. Nelson Dollar, R-Wake, one of the primary sponsors of the bipartisan legislation, which won a 25-4 vote in the committee. “We needed to ensure that the citizens of our state have their rights protected in the process and have a say when their home is being affected.”
Rep. Fred Steen, R-Rowan, is a primary sponsor of the bill. Rep. Lorene Coates, D-Rowan, also signed on as a sponsor.
Earlier this year more than 1,000 people attended public hearings sponsored by another House panel that recommended the pause until June 30, 2009. The bill would take effect as soon as it becomes law and wouldn’t apply to voluntary annexations.
Many of those people were Rowan citizens spurred into action by the threat of Salisbury’s proposed annexation along N.C. 150 earlier this year. The city dropped the proposal, but local annexation opponents continued to push for a moratorium.
The statewide bill now goes to a House judiciary committee, and still would have to pass the full House and the Senate before the session ends, probably within the next month. And the North Carolina League of Municipalities, representing hundreds of communities, opposes it.
“We still have a lot of work to do in the Senate,” said Cathy Heath of Cary, president of the Stop NC Annexation Coalition.
Towns and cities can involuntarily annex adjoining land that meets certain population or development density standards. The municipality must hold two public meetings and affirm that it will provide emergency and street services to the new citizens and has the money to expand water and sewer mains for hookups.
But the moratorium’s supporters complain that municipalities aren’t promptly providing city services such as sewer and water after forcibly annexing property. They also argue the annexation process gives citizens little say about their future or recourse when delivery of those services is delayed.
“The law could be good but it is abused, and I think there is irrefutable evidence,” said Tony Tetterton of Johnston County, who has fought annexation by the town of Selma.
The bill would block a town or city from starting an annexation effort during the moratorium period or push back completion of any pending annexation until after the pause.
N.C. League of Municipalities lobbyist Andy Romanet says the group is willing to consider changes to the annexation rules. But a moratorium could cost local governments nearing completion of projects hundreds of thousands of dollars in planning or equipment expenses that they won’t be able to use, Romanet said.
“We absolutely oppose throwing out the baby with the bath water,” Romanet said.
Some legislators said the annexation law, first passed in 1959, has worked well in most cases and has helped cities remain healthy through orderly growth.
“We have given towns the authority to grow up,” said Rep. Pryor Gibson, D-Anson, who offered a failed amendment to end the moratorium Jan. 1. “But here we are, taking away what we give to towns because we lack the political courage” to tackle shortcomings in the rules now, he added.
Many moratorium supporters want to require a local vote before an involuntary annexation can be carried out, but such a change is unlikely. Other suggestions have included requiring cities and towns to meet a schedule on providing municipal services to annexed land, and helping property owners get city taxes deferred or refunded if those timetables aren’t met.
Other bills on annexation- Number: More than 100 bills regarding annexation have been filed in the state House and Senate.
– Rowan only: Reps. Fred Steen and Lorene Coates filed a separate bill, HB2754, calling for an involuntary annexation moratorium only in Rowan County, in case the statewide moratorium fails to pass. The Rowan bill was referred on May 29 to the Committee on Rules, Calendar and Operations of the House.
– Landis: Steen and Coates also filed a bill to amend the effective date of the annexation of “certain property” by the town of Landis, changing it from Sept. 30 of this year to Dec. 31, 2010. The House passed the bill on third reading Thursday.
– In the Senate: Sen. Andrew Brock filed a Rowan bill, SB 2149, to restore the pre-1959 annexation law by allowing a public referendum. He filed a similar bill for Davie County (SB2150). Both have been referred to State and Local Government.
– Spencer: Brock also filed a bill regarding Spencer (SB2151). The text of the bill says only that it “concerns annexation of certain state-owned property by the town of Spencer,” and gives no specifics.
ó Salisbury Post