Judges: CHARLES C. FOTI, JR., Attorney General
Filed Date: 11/17/2005
Status: Precedential
Modified Date: 7/5/2016
Dear Mayor Harris,
This office is in receipt of your opinion request wherein you asked whether an annexation across the Town of Richwood boundary by another governmental body, with the consent of the Town, is permissible or advisable under current Louisiana law.
Under LSA-R.S.
A. (1)(a) No ordinance enlarging the boundaries of a municipality shall be valid unless, prior to the adoption thereof, a petition has been presented to the governing body of a municipality containing the written assent of a majority of the registered voters and a majority in number of the resident property owners as well as twenty-five percent in value of the property of the resident property owners within the area proposed to be included in the corporate limits, all according to the certificates of the parish assessor and parish registrar of voters.
(b) If there are no registered voters residing in the area proposed for annexation, then the requirement for a majority of the registered voters on the petition shall not apply.
(c) If there are no resident property owners, nor registered voters residing, in the area proposed for annexation and the area is vacant land, then the requirement for a majority of the resident property owners and a majority of the registered voters on the petition shall not apply, so long as the petition contains the written assent of each nonresident property owner of each tract, lot, or parcel in the area proposed for annexation. No ordinance annexing vacant property across parish boundaries shall be valid unless it has first been approved by the parish governing authority of the area to be annexed.
In the cases concerning the annexation of property, Courts have held that where the legislature grants municipalities the power to enlarge their corporate limits, strict adherence to the procedure prescribed is essential for the validity of the alteration. Pyle v. City of Shreveport,
In Parish of Ouachita v. Town of Richwood,
326,29,617(La.App. 2 Cir 6/18/97), the Court held that the phrase "enlarge the boundaries" contained in LSA-R.S.
In 2002, the legislature amended LSA-R.S.
(d) (iv) If the property proposed to be annexed is contiguous to the existing corporate limits, then the parish shall bear the burden of establishing, by a preponderance of the evidence, that the proposed extension is not reasonable. If the property is not contiguous to the existing corporate limits, then the municipality shall bear the burden of establishing, by a preponderance of the evidence, that the proposed extension is reasonable. "Contiguous", as used in this provision, means that at least thirty-two feet of the vacant land proposed to be annexed is adjacent to the corporate limits and expands to a width greater than thirty-two feet within three hundred feet from the corporate limits. (Emphasis added)
From this new language added to the statute, it would appear that annexation of property not contiguous to the existing corporate limit is in fact permissible. Pursuant to the statute, the reasonableness of such an annexation will be questioned only through a suit by qualified parties. As such, an interested citizen of the municipality or the territory to be annexed is given the right to contest the reasonableness under LSA-R.S.
In Hollingsworth v. City of Minden, 34,943 (La.App 2 Cir. 8/22/01)
When there are no property owners and no registered voters residing in the area proposed for annexation, the parish in which the land is to be annexed is afforded this authority. SeeLSA-R.S.
It follows that under Louisiana Revised Statute
It is our hope that this opinion has provided you with the necessary law and information to sufficiently address your concerns. If our office may be of further assistance, please do not hesitate to contact us.
Yours very truly,
CHARLES C. FOTI, JR. ATTORNEY GENERAL
By: _____________________ CHARLENE PATTERSON Assistant Attorney General