The methods of annexation by code cities are in chapter 35A. Note that cities and towns located in counties that plan under the Growth Management Act may annex only property that is located within their designated urban growth areas.
Of all the methods of annexation available, the sixty percent petition method is by far the most frequently used. Cities have found the election method to be extremely cumbersome. Because of this and the expense of conducting an election, annexation elections are infrequent. Statutes authorizing summary annexations for municipal purposes are much more straightforward, but may be utilized only when a legitimate municipal reason for annexation can be shown, such as the use of the annexed land for a city park or water tower.
Finally, the statutes authorizing the annexation of federal areas are of very limited application. Detailed descriptions of all annexation methods are available in our publication Annexation by Washington Cities and Towns , both for code cities and non-code cities first and second class cities, and towns.
For a general overview of each of the methods of annexation, including links to sample documents for each method, see our summaries below:. Note that the sample documents under each method are organized according to city classification, as the procedures vary somewhat. The sixty percent petition method, or direct petition method, is the most commonly used method of annexation by cities and towns in Washington State.
The sixty percent petition method is sometimes referred to as the "old" petition method of annexation. Moses Lake Not long afterward, the same court reversed itself and determined this method was valid in Grant County Fire Protection Dist.
If the city council accepts the initial annexation proposal, the initiating parties may draft and circulate a petition for signatures. This method was adopted by the Legislature during the period that the traditional sixty percent petition method had been declared unconstitutional by the state Supreme Court. It requires the support of property owners representing a majority of the area proposed for annexation and of a majority of the voters in the area. The election method requires approval of the voters in the proposed annexation area.
Both election methods initiated by petition or resolution are nearly identical except for the first few steps. Cities have found the election method to be cumbersome and expensive. Because of this, annexation elections are much less common than the petition methods.
Note : If the election method of annexation is to be used, a word of caution is necessary. Since a ballot proposition is involved, the public information program must be tailored to comply with RCW In short, cities and towns should not publish promotional material urging a favorable vote in an annexation election. City employees should not use city facilities and resources to actively attempt to influence voter response.
However, a distinction may be drawn between promoting an annexation and merely providing factual information directed at enabling voters to make their own decisions based on factual data, rather than uninformed speculation.
If a private citizen group is involved, any legal ambiguities as to the information that can be provided may be avoided when the citizens group, rather than the city, prepares, finances, publishes, and distributes the annexation information pamphlets. Citizen groups may not only provide factual information, but also advocate positions. Any such group would be well advised to check with the Public Disclosure Commission early in its formation stages, to learn whether any campaign financing information or forms will be expected of the committee.
This method enables the annexation of territory that is wholly or mostly surrounded by incorporated territory and is a much shorter process than required for the petition and election methods of annexation. This method is available to cities planning under the Growth Management Act GMA , and the territory must be within a designated urban growth area.
Property annexation is a fairly common practice, especially in states where there is constant population growth like Florida, California, New York, and Texas. Incorporated municipalities will consider annexing private and commercial properties to maintain the fiscal and physical growth of the city. This can be great for a city because expanding their territory means an increase in their ad valorem tax base, utility taxes, and miscellaneous revenue sources such as fines, fees, and utility connection charges.
However, this can present some headache for a home buyer, the real estate agent, and the title agent if they are unaware that the property is annexed. In Florida, annexations are governed by Chapter of the state statutes.
Every state will have unique qualifications for the annexation process. The annexation process presents issues and advantages for the county, city, and property owners. Annexations may not be complicated, but they are certainly tedious. Tired of gathering all the municipal information for your closings?
We can help! Download our easy-to-read sample report. In theory, annexation should streamline and centralize the services provided to property owners, but in some cases, duplication of water and wastewater services occur. City and county lines can run alongside one another. As a result, different services may be maintained and billed by two different municipalities where additional fees could apply to the annexed property.
If you are a title agent, be sure to add annexation research to your real estate due diligence checklist. If you are worried about missing any of these important details that could lead to significant fees and fines for you or your client, seek out the help of a reputable lien search company that regularly performs these searches. Amanda Farrell is a digital media strategist at PropLogix. She enjoys being a part of a team that gives peace of mind for consumers while making one of the biggest purchases of their lives.
She lives in Sarasota with her bunny, Buster, and enjoys painting, playing guitar and mandolin, and yoga. Back to the Blog. Liens and Unrecorded Debt What is annexation and how does it impact your closing? Amanda Farrell 4 years ago. What is annexation? How do you know if a property is annexed? Confirm if the home you or your clients fall in love with is an annexed property.
Many counties provide this information online. For instance, Broward County offers an interactive annexation history map on their county website. Simply search the address in question.
If the property address falls within a color-coded area, it has been annexed by the city. Request all necessary an unrecorded municipal lien search. If the property has been annexed, make sure a municipal lien search is performed to obtain both county and city information.
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