AN ACT TO CLARIFY THAT A MUNICIPALITY HAS NO AUTHORITY TO PETITION ITSELF FOR SELF-ANNEXATION OF PROPERTY IT DOES NOT OWN OR HAVE ANY LEGAL INTEREST IN, SUCH AS STATE-MAINTAINED STREETS, AND TO CLARIFY THAT A PETITION FOR VOLUNTARY SATELLITE ANNEXATION MUST BE SIGNED AND, IF NO SIGNATURE IS REQUIRED FOR CERTAIN PROPERTY, THE PROPERTY MAY NOT BE INCLUDED IN THE PETITION OVER THE OWNER'S OBJECTION. Summarized in Daily Bulletin 2/23/11 and 3/16/11. Enacted April 28, 2011. Effective April 28, 2011.
MUNICIPAL SELF-ANNEXATIONS.
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View NCGA Bill Details | 2011-2012 Session |
TO RESTATE THAT A MUNICIPALITY HAS NO AUTHORITY TO PETITION ITSELF FOR SELF-ANNEXATION OF PROPERTY IT DOES NOT OWN OR HAVE ANY LEGAL INTEREST IN, SUCH AS STATE-MAINTAINED STREETS.Intro. by L. Brown.
Bill History:
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Tue, 22 Feb 2011 House: Filed
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Thu, 24 Feb 2011 House: Passed 1st Reading
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Thu, 24 Feb 2011 House: Ref to the Com on Government, if favorable, Finance
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Mon, 7 Mar 2011 House: Reptd Fav
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Mon, 7 Mar 2011 House: Re-ref Com On Finance
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Wed, 16 Mar 2011 House: Reptd Fav Com Substitute
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Wed, 16 Mar 2011 House: Cal Pursuant Rule 36(b)
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Wed, 16 Mar 2011 House: Placed On Cal For 3/17/2011
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Thu, 17 Mar 2011 House: Passed 2nd & 3rd Reading
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Fri, 18 Mar 2011 Senate: Rec From House
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Mon, 21 Mar 2011 Senate: Passed 1st Reading
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Mon, 21 Mar 2011 Senate: Ref To Com On State and Local Government
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Thu, 14 Apr 2011 Senate: Reptd Fav
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Sat, 16 Apr 2011 Senate: Withdrawn From Cal
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Sat, 16 Apr 2011 Senate: Placed On Cal For 4/18/2011
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Mon, 18 Apr 2011 Senate: Withdrawn From Cal
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Mon, 18 Apr 2011 Senate: Placed On Cal For 4/19/2011
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Tue, 19 Apr 2011 Senate: Passed 2nd & 3rd Reading
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Wed, 20 Apr 2011 Ratified
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Thu, 21 Apr 2011 Pres. To Gov. 4/21/2011
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Thu, 28 Apr 2011 Signed By Gov. 4/28/2011
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Thu, 28 Apr 2011 Ch. SL 2011-57
Bill Summaries:
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Summary date: Apr 28 2011 - View Summary
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Bill H 171 (2011-2012)Summary date: Mar 16 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Adds new section amending GS 160A-58.1(a) (concerning voluntary satellite annexations) to add that a petition for annexation is not valid when: (1) it is unsigned; (2) it is signed by the city for the annexation of property the city does not own or have a legal interest in; or (3) it is for the annexation of property for which a signature is not required and the property owner objects to the annexation. Clarifies that a city (in proposed GS 160A-58.7(b)) and a municipality (in proposed GS 160A-31(i)) have no authority to adopt a resolution or petition for annexation of property it does not own or have any legal interest in. Makes a clarifying change, and changes the bill’s title to reflect new content.
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Bill H 171 (2011-2012)Summary date: Feb 23 2011 - View Summary
Enacts new subsection (b) to GS 160A-58.7 (annexation of municipal property) to provide as title indicates. Specifies that, for the purposes of the subsection, a municipality has no legal interest in a state-maintained street unless it owns the underlying fee and not just an easement. Makes conforming changes to GS 160A-31 (annexation by petition). Makes a technical change.