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The Inappropriate Use of Voluntary
Annexation Procedures
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Many
cities currently are using Iowa Code section 368.7 titled "Voluntary
annexation of territory," for annexations even when
the majority or in some cases 100% of the people living on the property
to be annexed do not wish to be annexed. How can this be considered
voluntary? Why is this procedure being used and should it be
allowed?
In this case a signed
petition was submitted to the City Council and City
Development board stating the wish of the residents was to not be
annexed. Click here for
petition.
Section 368.6 titled
"intent"
precedes section 368.7 and states it is presumed the wishes of the
residents are (intended) to be fulfilled with regards to annexation.
Why would
the City Development Board proceed with a voluntary annexation when it
does not reflect the wishes of the residents? Why wasn't the
involuntary annexation procedure used instead?
The 80/20 annexation
procedure allows the petitioners with at least 80% of the land to
proceed with a so called 80/20 annexation. It is a relatively easy
procedure. The cities and land developers do not want to use the more
difficult to implement involuntary procedure which takes into
consideration the wishes of the residents. The section 368.7 voluntary
annexation should only be used if it is truly voluntary as indicated by
the wishes of the majority of residents.
Apparently large land owner rights supersede
the rights of the majority of residents according to the City
Development Board of
Iowa and many of the cities in Iowa. Many of the cities are
telling residents they have no choice but to submit since the landowner
or landowners have greater than 80% of the land.
Furthermore the
courts have
indicated that the title of 368.7 "Voluntary annexation of territory"
is an
appellation or designation with no meaning, that the legislature did
not truly mean
the annexation has to be voluntary when using the 368.7 procedure even
though the title is "Voluntary annexation of territory". The courts have also stated
that if section 368.7 is successfully completed that they can ignore
section 368.6 since some of
the law was complied with. They have even gone so far as to indicate
that since the consenting land total is in excess of 80% the land is
somehow volunteering and thus the presumption of validity in section
368.6 is being
fulfilled. Apparently the land is a living being. These
arguments are ridiculous and do
not conform with the intent of the legislature. Some cities are
improperly using the section 368.7 80/20 voluntary annexation procedure
as a simplified form of involuntary annexation, even though Iowa code
indicates that this procedure should not be used if it is not
consistent with the wishes of the residents. The legislature, as
indicated in section 368.6, presumed the annexation should be a valid
voluntary annexation, reflecting the wishes of the majority of
residents, before proceeding to a section 368.7 80/20 type annexation.
There
is big money involved and many of the cities and land developers are
intent on trampling over any resident in their way.
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Downloads
Brief with appendix Submitted
to Appellate Court (court date has not been
established). Click here.
Appeal filed for another case involving annexation in
Ankeny
against the will of the residents using a so called 80/20 voluntary
procedure. Petition coming soon.
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Is a city in Iowa thinking about
annexing you?
- Do you not
want to be annexed?
- Is a
majority of the residents of the area to be annexed against the
annexation?
- Is the
section 368.7 80/20 procedure titled "Voluntary
annexation of territory," being used? The residents can
file an appeal without the use of expensive attorneys.
It
is important you have a petition signed by the residents stating your
wishes with regards to the annexation and that it is submitted to the
City Council and City Development Board before
approval of the annexation.
This website may be able to help.
Email at scott@ankenywatch.com
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