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Regular Session, 2012
HOUSE BILL NO. 842
BY REPRESENTATIVE HAZEL
MUNICIPAL/ANNEXATION: Prohibits the governing authority of a municipality from
annexing noncontiguous property
AN ACT1
To amend and reenact R.S. 33:172(A)(1)(a) and (d)(iv) and to repeal R.S. 33:180(C),2
relative to municipal annexations; to prohibit the governing authority of a3
municipality from annexing an area that is not contiguous to the corporate limits of4
the municipality; to provide relative to the annexation of property owned by a public5
body; to provide definitions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:172(A)(1)(a) and (d)(iv) are hereby amended and reenacted to8
read as follows: 9
ยง172. Petition to annex territory; valuation of property; notice of filing petition;10
hearing concerning proposed ordinance; alternative methods11
A.(1)(a)(i) No ordinance enlarging the boundaries of a municipality shall be12
valid unless, prior to the adoption thereof, a petition has been presented to the13
governing body of a municipality containing the written assent of a majority of the14
registered voters and a majority in number of the resident property owners as well15
as twenty-five percent in value of the property of the resident property owners within16
the area proposed to be included in the corporate limits, all according to the17
certificates of the parish assessor and parish registrar of voters.18
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, if the19
area proposed to be included in the corporate limits of the municipality is not20 HLS 12RS-1193 ORIGINAL
HB NO. 842
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contiguous to the existing corporate limits of the municipality, the governing body1
of the municipality shall not shall adopt an ordinance to enlarge the boundaries of2
the municipality to include the area.3
(iii) "Contiguous", as used in this Subpart, means that at least thirty-two feet4
of the area proposed to be included in the corporate limits of the municipality is5
adjacent to the corporate limits and expands to a width greater than thirty-two feet6
within three hundred feet from the corporate limits.7
* * *8
(d)9
* * *10
(iv) If the property proposed to be annexed is contiguous to the existing11
corporate limits, then the The parish shall bear the burden of establishing, by a12
preponderance of the evidence, that the proposed extension is not reasonable. If the13
property is not contiguous to the existing corporate limits, then the municipality shall14
bear the burden of establishing, by a preponderance of the evidence, that the15
proposed extension is reasonable. "Contiguous", as used in this provision, means16
that at least thirty-two feet of the vacant land proposed to be annexed is adjacent to17
the corporate limits and expands to a width greater than thirty-two feet within three18
hundred feet from the corporate limits.19
* * *20
Section 2. R.S. 33:180(C) is hereby repealed in its entirety21
Section 3. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 12RS-1193 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hazel HB No. 842
Abstract: Prohibits municipal governing authorities from annexing property that is not
contiguous.
Present law, relative to annexations by municipalities, provides that no ordinance enlarging
the boundaries of a municipality is valid unless, prior to its adoption, a petition is presented
to the governing body of a municipality containing the written assent of a majority of the
registered voters and a majority in number of the resident property owners as well as 25%
in value of the property of the resident property owners within the area proposed to be
included in the corporate limits. Requires the parish assessor and the parish registrar of
voters to certify such information. If there are no registered voters residing in the area
proposed for annexation, then the requirement for a majority of the registered voters on the
petition does not apply.
Proposed law retains present law and additionally provides that if the area proposed to be
included in the corporate limits is not contiguous to the existing corporate limits of the
municipality, the governing body of the municipality is prohibited from adopting an
ordinance to enlarge the boundaries of the municipality to include the area. Provides that
"contiguous" as used in present law and proposed law means at least 32 feet of the area
proposed to be included in the corporate limits of the municipality is adjacent to the
corporate limits and expands to a width greater than 32 feet within 300 feet from the
corporate limits.
Present law provides that if there are no resident property owners nor registered voters
residing in the area proposed for annexation and the property proposed for annexation is
vacant land, then the requirement for a majority of the resident property owners and a
majority of the registered voters on the petition does not apply. Requires however, that the
petition contain the written assent of each of the nonresident property owners of each
tract, lot, or parcel in the area proposed for annexation. Further requires the approval of
parish governing authority if the municipality proposes to annex property across parish
boundaries.
Proposed law retains present law.
Present law provides additional procedures for annexing vacant land. Provides that if the
property proposed to be annexed is contiguous to the existing corporate limits, then the
parish bears the burden of establishing, by a preponderance of the evidence, that the
proposed extension is not reasonable. Provides that if the property is not contiguous to the
existing corporate limits, then the municipality bears the burden.
Proposed law removes present law and instead provides that the parish bears the burden of
establishing, by a preponderance of the evidence, that the proposed extension is not
reasonable.
Present law provides further relative to annexations. Provides procedures for contesting
annexations, provides relative to zoning regulations in the annexed area, and provides
procedures for annexing areas that is 90% contiguous. Additionally provides for annexation
by election.
Proposed law retains present law. HLS 12RS-1193 ORIGINAL
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Present law authorizes the governing body of any municipality other than the city of New
Orleans to enlarge the boundaries of the municipality to include territory within which all
of the land is owned by a state agency, political subdivision, or public body. Provides that
the annexation can take place only upon petition of the governing body of the agency,
political subdivision, or public body owning the land which is to be so included. Prohibits
a municipality from annexing the paved portion of a public road without including in all
property adjacent to at least one side of the road, the paved portion of which is included in
the annexation.
Proposed law retains present law.
Present law authorizes a municipality to annex a portion of the right-of-way of a public road
as a corridor connecting other property which is not contiguous to the municipality but
which is to be annexed without including the property adjacent to the corridor. Provides that
the annexation shall be in accordance with the following:
(1)The municipality shall, by certified mail, notify the state agency or political
subdivision which owns the road proposed to be annexed at least 30 days prior to the
introduction of the ordinance proposing such annexation.
(2)The petition or written consent of the state agency or political subdivision must be
received by the municipality prior to the adoption of the ordinance.
Proposed law removes present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:172(A)(1)(a) and (d)(iv); Repeals R.S. 33:180(C))