Annexation

In North Carolina a city may be established--that is, incorporated--in only one way: by an act of the General Assembly. Such an act establishes the initial borders of the city and enacts its charter. No standards restrict the legislature’s discretion in incorporation. It may incorporate an area with very few people or with a largely rural character; it may even incorporate an area in anticipation of development, before any city in fact exists. The single constitutional restriction on the General Assembly’s power of incorporation is found in Article VII, Section 1, of the state constitution. That provision stipulates that if a community lies within 1 mile of the limits of an existing city of 5,000 people or more, within 3 miles of a city of 10,000 or more, within 4 miles of a city of 25,000 or more, or within 5 miles of a city of 50,000 or more, then the General Assembly may incorporate that community only on approval of three-fifths of the members of each house. This provision reflects a state policy that favors annexation by existing cities of urban areas near their borders, over incorporation of new cities. As a practical matte, unless the nearby city objects to the incorporation of the new city, achieving a three-fifths vote is not difficult; if the existing city does object, however, it may well be impossible to secure the three-fifths vote.

For customers who own the first edition of Annexation Law in North Carolina: Volume 1-General Topics, published in 2002, this set of replacement pages will update your volume to create the second edition, 2007.

The second edition of the first of three volumes on North Carolina annexation law, updated through 2006. Volume 1 addresses topics that are relevant regardless of the statutory annexation procedure used by a city. The second volume addresses voluntary annexation, and the third addresses involuntary annexation. Chapters in volume one are organized in approximate chronological order, as a city might work through an annexation. Chapters discuss the General Assembly's authority over and role in annexation law; matters that condition a city's power to annex; rules for annexations; the standing of various parties to challenge a completed annexation; a city's authority to repeal an annexation ordinance; and the effect of an annexation upon existing services and service providers, various election matters, and city revenues. It also notes the steps a city should take to assure receipt of revenues. Includes an index, list of cases cited, and list of statutes discussed.

TABLE OF CONTENTS
 1. General Assembly Actions Concerning Annexation
 2. Annexation Boundaries: Existing Political Boarders, Federal Facilities, and Islands
 3. Competition between Cities to Annex the Same Area
 4. Contracts with Private Parties Regarding Annexation
 5. Council Votes on Annexation Ordinances
 6. Metes and Bounds Boundary Descriptions and Annexation Maps
 7. Standing to Challenge an Annexation in Court
 8. The Effect of Annexation on Existing Services, Services Providers, and Regulations
 9. Protections for Rural Fire Departments
10. Protections for Private Solid Waste Collection Firms
11. Municipal Electric and Gas Distribution Systems
12. Rural Water or Sewer Systems
13. Annexation and Election Issues
14. City Revenues
15. Reversing an Annexation
Appendixes
A. Major North Carolina Statutes Discussed in Text and Footnotes
B. North Carolina Appellate Cases Discussed or Cited in the Text and Footnotes
Index

The second of three volumes on North Carolina annexation law. Volume 1addresses topics that are relevant regardless of the statutory annexation procedure used by a city. The second volume addresses voluntary annexation, and the third addresses involuntary annexation.

TABLE OF CONTENTS
1. Introduction to Voluntary Annexation
2. Standards for Contiguous Annexations
3. Standards for Satellite Annexations
4. Petition Requirements
5. The Annexation Process
6. City Services and Regulations after Annexation
Appendixes
A. Major North Carolina Statutes Discussed in the Text or Footnotes
B. North Carolina Appellate Cases Discussed or Cited in the Text or Footnotes
C. The North Carolina Voluntary Annexation Statutes: Contiguous Annexations and Satellite Annexations
Index

Volume 3 is the third of three volumes on North Carolina annexation law addresses the states involuntary annexation statutes under which cities and towns are permitted unilaterally to annex territory that meets statutory standards of urban development. The book is a comprehensive treatment of issues that arise under the two involuntary annexation statutes, incorporating the numerous appellate cases interpreting the statutes and including practical pointers for statutory compliance. It completes the three-volume set on annexation law in North Carolina, joining Volume 1 on general topics and Volume 2 on voluntary annexation.

TABLE OF CONTENTS
Introduction
1. History, Policy, and Constitutional Issues
2. Statutory Summary and Distinctions between the Two Statutes
3. Defining the Annexation Area 1
4. Defining the Annexation Area 2: Urban Development Standards for All Cities
5. Defining the Annexation Area 3: Urban Development Standards for Larger Cities
6. The Citys Services Responsibilities
7. The Annexation Report
8. Annexation Procedures
9. Judicial Review of Involuntary Annexations
Appendixes
A. Major North Carolina Statutes Discussed in Text and Footnotes
B. Cases Discussed in the Text and Notes
C. Cases Cited in the Notes
The North Carolina Involuntary Annexation Statutes
D. Annexation by Cities of Less Than 5,000
E. Annexation by Cities of 5,000 or More
Index