Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1 - Annexation of Territory by Municipalities Generally.
Section 11-42-1 - Applicability of Provisions of Article; Provisions of Article Not Exclusive. - Any town or city may from time to time extend...
Section 11-42-2 - Annexation Election and Proceedings Generally; Proceedings Where Parties Consent to Annexation. - Whenever the council shall pass a resolution to the effect...
Section 11-42-3 - Subsequent Extensions of Corporate Limits; Requirement as to Resolutions, Orders, or Notices Under Article. - (a) Any city or town having extended its corporate limits...
Section 11-42-4 - Subsequent Elections Not to Be Held Within 12 Months of Preceding Election. - After an election has been held in any territory under...
Section 11-42-5 - Validation of Certain Prior Annexations. - Every annexation undertaken prior to May 4, 2011, under any...
Section 11-42-6 - Bill to Contain Accurate Description of Territory and Plat or Map; Copies of Map to Be Furnished to Judge of Probate; Notice of Intention to Apply for Local Law Annexing Territory. - (a) Any bill introduced in the legislature which attempts to...
Section 11-42-7 - Legislative Reapportionment Office to Be Notified of Annexation or Deannexation. - Any municipality which annexes property into the municipality or deannexes...
Article 2 - Annexation of Territory by Municipalities of 2,000 Inhabitants or More.
Section 11-42-20 - "Owners" Defined. - The term "owners," as used in this article, shall mean...
Section 11-42-21 - Annexation Proceedings. - (a) Whenever all of the owners of property located and...
Section 11-42-22 - Subsequent Extensions of Corporate Limits. - Any incorporated municipality having extended its corporate limits under the...
Section 11-42-23 - Provisions of Article Not Exclusive. - The provisions of this article shall in no wise preclude...
Section 11-42-24 - Construction of Article. - This act [amended sections 11-42-21, 11-42-22] shall not be construed...
Article 2A - Annexation of Territory by Class 6 Municipality of Land Contiguous to Public University.
Section 11-42-30 - Annexation of Territory Contiguous to Public University. - Notwithstanding any other provision of law, any Class 6 municipality...
Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More.
Section 11-42-40 - Applicability of Provisions of Article; Provisions of Article Not Exclusive. - Any city having 25,000 inhabitants or more, as shown by...
Section 11-42-41 - Passage of Resolution to Annex Territory. - The council or governing body of the city may pass...
Section 11-42-42 - Certification and Filing of Resolution and Map or Plat of Territory to Be Annexed With Probate Judge. - (a) The mayor or other executive head of the city...
Section 11-42-43 - Ordering of Election. - Within 10 days of the date of the filing of...
Section 11-42-44 - Notice of Election. - The said judge of probate shall give notice of the...
Section 11-42-45 - Designation of Voting Places and Boundaries for Voting. - The judge of probate may designate as many voting places...
Section 11-42-46 - Appointment of Inspectors and Returning Officers; Duty of Inspectors Generally. - The probate judge shall appoint three inspectors of election and...
Section 11-42-47 - Qualifications for Voting; Electors to Vote at Designated Voting Places. - Each qualified voter who has resided within the boundaries of...
Section 11-42-48 - Applicability of General Election Laws. - The election to determine whether or not the proposed territory...
Section 11-42-49 - Ballots. - Each voter may furnish his own ballot with the following...
Section 11-42-50 - Ascertainment, Certification, and Delivery of Election Results. - The inspectors at the respective voting places must, as soon...
Section 11-42-51 - Canvassing of Returns; Entry, Recordation, etc., of Orders, Maps, etc., as to Annexation of Territory. - The judge of probate must canvass the returns as made...
Section 11-42-52 - Contests of Election. - The result of such election may be contested by any...
Section 11-42-53 - Costs of Election. - The city at whose instance the election is held shall...
Section 11-42-54 - Subsequent Extensions of Corporate Limits. - Any city having extended its corporate limits under the provisions...
Section 11-42-55 - Requirement as to Resolutions, Orders, or Notices Under Article. - In every proceeding to extend the corporate limits of any...
Section 11-42-56 - Subsequent Elections Not to Be Held Within 12 Months of Preceding Election. - After an election has been held in any territory under...
Section 11-42-57 - Exemption From Taxation of Territory Annexed and Property Therein. - All territory brought within the corporate limits of a city...
Section 11-42-58 - Certain Annexed Territory and Property Therein Subject to Taxation After Five Years. - From time to time after the lapse of five years...
Section 11-42-59 - Exemption From Taxation of Mining, Manufacturing, or Industrial Plants, etc., in Annexed Territory. - All portions of such territory which is at the time...
Section 11-42-60 - Passage, Certification, Filing With Probate Judge, etc., of Resolution Declaring Annexed Territory Subject to Taxation and Map of Same. - Whenever and as often as the facts exist which authorize...
Section 11-42-61 - Notice of Passage of Resolution and Hearing for Property Owners to Show Cause Why Property Should Not Be Subject to Taxation. - The mayor or other governing head of the city, within...
Section 11-42-62 - Separately Owned Lands May Be Embraced in Single Resolution or Notice. - Land owned by any number of separate and distinct owners...
Section 11-42-63 - Filing of Contest as to Right of City to Tax Lands or Property; City to File Separate Causes Against Contesting Property Owners. - (a) On the day fixed in the notice or any...
Section 11-42-64 - Rendition of Decree Adjudging Property Subject to Taxation, etc., as to Noncontesting Property Owners. - On the day fixed in the citation published by the...
Section 11-42-65 - Hearings on Contests as to Right to Tax; Rendition of Decree as to Taxation of Property. - (a) As to each cause against a property owner who...
Section 11-42-66 - Appeals From Judgment of Probate Judge - Filing; Security for Costs; Right to Jury Trial. - The property holders of the city shall have the right...
Section 11-42-67 - Appeals From Judgment of Probate Judge - Issuance and Service of Notice of Appeal. - The judge of probate, within 10 days after an appeal...
Section 11-42-68 - Appeals From Judgment of Probate Judge - Transmittal of Papers to Clerk of Circuit Court; Withdrawal of Map and Certified Resolution From Files of Probate Judge for Use in Circuit Court. - If an appeal is taken, the judge of probate shall...
Section 11-42-69 - Trial and Entry of Judgment by Circuit Court; Appeals From Judgment of Circuit Court; Endorsement on Map by Probate Judge Where No Appeal From Judgment of Probate Court. - (a) If on the trial in the circuit court it...
Section 11-42-70 - Certification to Probate Judge of Judgment of Circuit Court; Endorsement on Map by Probate Judge. - If there is an appeal from the judgment rendered by...
Section 11-42-71 - When Property Adjudged Subject to Taxation Becomes Liable for Payment of Taxes; Recordation of Resolution, Map, Orders, etc., of Probate Judge, Etc. - (a) All property adjudged to be subject to city taxation...
Section 11-42-72 - Annexed Territory Subject to Laws and Ordinances of City; Jurisdiction of City Governing Body Over Annexed Territory. - All territory brought within the corporate limits of a city...
Section 11-42-73 - Creation, etc., of Wards; Election of Aldermen or Representatives. - (a) The council or governing body of the city shall...
Section 11-42-74 - Division of Wards Into Voting Precincts; Electors to Vote in Precincts of Residence; Rearrangement, etc., of Boundaries of Voting Precincts. - The council or governing body of the city shall by...
Section 11-42-75 - Rearrangement, etc., of Boundaries of Wards. - The council or governing body of the city shall have...
Section 11-42-76 - Entitlement of Persons in Territory Exempt From Taxation to Benefits Derived From City Taxes. - No person residing in territory exempt from taxation in the...
Section 11-42-77 - Construction of Improvements or Betterments in Territory Exempt From Taxation Generally. - The council or governing body of the city shall have...
Section 11-42-78 - Construction of Sanitary Sewers, Enforcement of Sanitary Connections, and Assessment of Costs Thereof in Territory Exempt From Taxation. - The council or governing body of the city shall have...
Section 11-42-79 - Construction of Sidewalks and Curbing and Assessment of Costs Thereof in Territory Exempt From Taxation; Landowners in Exempt Territory to File Petition Requesting Betterments. - The council or governing body of the city shall have...
Section 11-42-80 - Assessment, Collection, and Disposition of Street Tax in Territory Exempt From Taxation. - The council or governing body of the city shall have...
Section 11-42-81 - Licensing of Dance Halls, Poolrooms, etc., in Territory Exempt From Taxation. - The council or governing body of the city shall have...
Section 11-42-82 - Levy and Collection of Privilege or License Tax From Persons, Firms, etc., Carrying on Business, etc., in Territory Exempt From Taxation Generally. - The council or governing body of the city shall have...
Section 11-42-83 - Assessment and Collection of Privilege or License Tax From Persons, Firms, etc., Carrying on Business, etc., in Territory Exempt From Taxation. - (a) The council or governing body of the city may...
Section 11-42-84 - Assessment and Collection of Privilege or License Tax From Operators of Common Carriers, Street Railroads, etc., in Territory Exempt From Taxation. - (a) The council or governing body of the city may...
Section 11-42-85 - Right of Children Residing in Territory Exempt From Taxation to Attend Public Schools of City. - The public schools of the city, to the extent that...
Section 11-42-86 - Acquisition of Rights and Privileges of Resident Citizens by Persons Residing in Territory Exempt From Taxation. - When and as often as the owner or owners of...
Section 11-42-87 - Fees and Compensation of Probate Judge and Other Officers for Services Rendered. - The probate judge shall be entitled to the same fees...
Section 11-42-88 - Provisions of Article Deemed Contract Between City and Persons, etc., in Territory Exempt From Taxation; Conferral of Other Rights and Powers as to Exempt Territory Upon City; Right of Persons Residing in Exempt Territory to Enforc... - (a) The provisions of this article shall be held to...
Article 4 - Consolidation of Contiguous Municipalities.
Division 1 - General Provisions.
Section 11-42-100.1 - Mode of Consolidation - When Municipality to Annex City or Town. - (a) When two or more municipalities lying contiguous to each...
Section 11-42-101 - Mode of Consolidation - When Municipalities to Form New Corporate Organization. - If municipalities desiring to consolidate wish to form a new...
Section 11-42-102 - Exemption From Taxation of Industrial or Manufacturing Plants. - The council of any city or town that alters and...
Section 11-42-103 - Division of Consolidated Municipality Into Wards by Commission; Election of Mayor and Other Officers. - (a) The mayor and one councilman from each municipality to...
Section 11-42-104 - Oath and Compensation of Commissioners; Expenses of Election; Failure of Commissioner to Act. - Before entering upon the discharge of their duties, the commissioners...
Section 11-42-105 - Continuation of Officers and Corporate Organization of Municipalities; Qualification and Assumption of Duties of Officers Elected for Consolidated Municipalities. - The officers of the several municipalities shall continue in office,...
Section 11-42-106 - Powers, Duties, Rights, etc., of Consolidated Municipalities; Continuation of Civil Actions as to Consolidated Municipalities. - (a) The consolidated city or town shall succeed to all...
Division 2 - Alternate Mode.
Section 11-42-120 - Mode of Consolidation Generally. - Any city or town may be annexed to and merged...
Section 11-42-121 - Appointment of Commissioners. - The mayor or other head of the governing body of...
Section 11-42-122 - Execution, Approval, and Confirmation of Agreement as to Terms of Annexation and Merger. - If the commission agrees upon terms of annexation and merger,...
Section 11-42-123 - Ordering of Election by Proclamation. - If the council or governing body of each city or...
Section 11-42-124 - Inspectors. - Inspectors of election in the city or town proposed to...
Section 11-42-125 - Form and Marking of Ballots; Ascertainment of Election Results; Contests of Election. - (a) The mayor of the city or town shall cause...
Section 11-42-126 - Declaration of Election Result; Declaration of Annexation of Municipality. - If a majority of the votes cast in such city...
Section 11-42-127 - Filing and Recordation of Copy of Agreement and Merger. - The mayor of the city or town to which another...
Section 11-42-128 - When Annexation Deemed Perfected. - From the time the said triplicate of the agreement is...
Section 11-42-129 - Costs and Expenses of Annexation. - The costs and expenses incurred by each city or town...
Section 11-42-130 - Ownership of Property of Municipality Annexed. - All property and rights of property and assets and interests...
Section 11-42-131 - Continuation of Civil Actions Against Municipality Annexed. - All civil actions pending against the city or town annexed...
Section 11-42-132 - Provisions in Annexation Agreement as to Taxation in Municipality Annexed. - The agreement of annexation may provide for specific property having...
Section 11-42-133 - Creation, etc., of Wards; Election of Aldermen; Division of Wards Into Voting Precincts; Rearrangement, etc., of Boundaries of Wards or Voting Precincts. - (a) The council or governing body of the annexing city...
Section 11-42-134 - Provisions of Division Not Exclusive. - The provisions of this division shall in no wise preclude...
Article 5 - Consolidation of Noncontiguous Municipalities.
Section 11-42-150 - Applicability of Provisions of Article. - Two cities or towns whose boundaries touch may consolidate and...
Section 11-42-151 - Councils to Define Boundaries of Territory to Be Incorporated in Consolidated Municipality Upon Receipt of Petition Requesting Election as to Consolidation. - When 10 percent in numbers of the qualified voters according...
Section 11-42-152 - Calling of Election; Conduct of Election Generally; Notice of Election. - (a) The governing bodies shall within 10 days thereafter call...
Section 11-42-153 - Form and Marking of Ballots. - (a) At the election provided for in this article the...
Section 11-42-154 - Forwarding of Statement of Vote to Probate Judge and Canvassing of Returns; Ascertainment and Publication of Election Results. - Within five days after such election the mayor or other...
Section 11-42-155 - Rights, Powers, Duties, and Name of Consolidated Municipality; Disposition of Property, Obligations, and Contracts of Consolidating Municipalities. - (a) If the majority of the votes cast in each...
Section 11-42-156 - Continuation in Office and Powers and Duties of Mayors and Aldermen of Consolidating Municipalities. - The aldermen in office in each of the consolidating municipalities...
Section 11-42-157 - Division of Consolidated Municipality Into Wards; Election of Officers of Consolidated Municipality. - The council of the consolidated municipality shall before the next...
Section 11-42-158 - Collection and Disbursement of Taxes. - The consolidated municipality shall collect all taxes or other obligations...
Section 11-42-159 - Continuation in Office of Boards of Education of Consolidating Municipalities; Election of Board of Education for Consolidated Municipality. - The boards of education in the consolidating municipalities shall continue...
Section 11-42-160 - Continuation of Rights of Action Against Municipality Annexed. - All rights of action existing against the city or town...
Section 11-42-161 - Continuation of Civil Actions Brought by Municipality Annexed. - All civil actions pending brought by the city or town...
Section 11-42-162 - Continuation of Rights of Action of Municipality Annexed. - All rights of action existing in favor of the city...
Section 11-42-163 - Payment or Assumption of Indebtedness and Liabilities of Municipality Annexed. - All indebtedness and liabilities of every kind and character of...
Section 11-42-164 - Annexation Agreement Deemed Contract Between Municipalities; Right of Persons Residing in Annexed Municipality to Enforce Agreement Against Annexing Municipality. - The agreement of annexation shall be and shall be held...
Section 11-42-165 - Enactment and Passage of Ordinances and Resolutions to Carry Out Annexation Agreement. - The council or governing body of the annexing city or...
Section 11-42-166 - Dissolution of Annexed Municipality; Ordinances, Resolutions, and Bylaws of Annexing Municipality Applicable to and Enforceable in Municipality Annexed. - The annexed city or town from and after the time...
Section 11-42-167 - Rights, Powers, Duties, etc., of Annexing Municipality as to Municipality Annexed Attach Upon Dissolution of Same. - The rights, powers, duties, liabilities, and jurisdiction of the annexing...
Article 6 - Duties of Expanded Municipalities as to Property and Obligations of Absorbed Municipalities.
Section 11-42-180 - Payment, Execution, etc., of Debts, Bonds, Contracts for Local Improvements, etc., of Absorbed Municipalities. - When any municipal corporation has been absorbed or its government...
Section 11-42-181 - Disposition of Property of Absorbed Municipalities. - The city or town so altering or rearranging its boundary...
Section 11-42-182 - Collection and Disposition of Taxes, Special Assessments, etc., of Absorbed Municipalities. - The city or town so altering or rearranging its boundary...
Section 11-42-183 - Prosecution and Defense of Pending Actions of Absorbed Municipalities; Collection and Enforcement of Fines, Recoveries, Judgments, Etc. - All civil actions pending in any court on behalf of...
Section 11-42-184 - Disposition of Public Books, Papers, and Documents of Absorbed Municipalities. - All the public books, papers, and documents of said city...
Section 11-42-185 - Operation, etc., of Waterworks, Gas or Electric Light Systems of Absorbed Municipalities. - Should the city or town so absorbed or whose government...
Section 11-42-186 - Partial Annexation - Payment of Proportionate Share of Bonded Indebtedness for Municipal Improvements by Expanded Municipality. - Should the city or town so altering or rearranging its...
Section 11-42-187 - Partial Annexation - Payment of Value of School Property, etc., by Expanded Municipality. - Said city or town shall also pay to the city...
Article 7 - Reduction of Corporate Limits.
Section 11-42-200 - Passage of Resolution Defining Proposed Reduced Corporate Limits. - Whenever in the opinion of the council or governing body...
Section 11-42-201 - Certification and Filing With Probate Judge of Resolution, Plat or Map, and List of Qualified Electors. - Upon the passage of such resolution the mayor or person...
Section 11-42-202 - Filing of Resolution and Map or Plat; Notice to Residents of Territory to Be Excluded of Hearing to Show Cause Why Proposed Boundary Should Not Be Established and Map or Plat Recorded. - Upon the presentation of such certified copy of such resolution,...
Section 11-42-203 - Order to Be Entered Establishing Corporate Limits as Defined in Resolution and Map or Plat When No Protest Filed; Recordation of Map or Plat. - On the day so fixed by the judge of probate...
Section 11-42-204 - Order to Be Entered Directing Election as to Establishment of Proposed Corporate Limits. - If any protest against such change is made by any...
Section 11-42-205 - Notice of Election. - The judge of probate shall give notice of the holding...
Section 11-42-206 - Places of Voting; Persons Entitled to Vote. - Such election shall be held at the regular voting places...
Section 11-42-207 - Question Submitted; Conduct of Election Generally; Form, Marking, etc., of Ballots; Appointment, etc., of Clerks, Inspectors, and Returning Officer; Ascertainment, etc., of Election Results; Entry of Order as to Adoption of Propos... - (a) The election shall be to determine whether or not...
Section 11-42-208 - Entry of Order Dismissing Proposal for Adoption of Proposed Corporate Limits. - If it appears that the majority of votes cast in...
Section 11-42-209 - Contests of Election. - The result of such election may be contested by any...
Section 11-42-210 - Costs and Expenses of Proceedings. - The city or town at whose instance the proceedings are...
Section 11-42-211 - Map or Plat, etc., Evidence of Municipal Boundaries. - Said map or plat, the record thereof or a certified...
Section 11-42-212 - Laws Governing Territory Within Corporate Limits Established Pursuant to Article; Jurisdiction as to Same. - The territory included within the corporate limits established under the...
Section 11-42-213 - Fees and Compensation of Probate Judge and Other Officers for Services Rendered. - The judge of probate for services rendered under the provisions...