Bills filed in the N.C. House and Senate would place a moratorium on involuntary annexations in North Carolina until July 1, 2012.
If passed, a ban might further delay the city of Wilmington’s annexation of 950 acres, more than 3,300 residents and numerous businesses in the Monkey Junction area.But it could mean more than a delay if the annexation is also covered by law changes likely to follow the moratorium.
The Monkey Junction annexation – approved by Wilmington City Council in 2009 – hasn’t taken effect because a legal challenge by affected residents is awaiting action by the N.C. Court of Appeals.The moratorium bill was filed to prohibit involuntary annexations across the state as lawmakers work on an annexation reform bill during the current General Assembly session. Republicans in charge of the Legislature have vowed to make sweeping changes to annexation laws.
“Our goal would be to introduce and pass reform legislation this year,” said Rep. Nelson Dollar, R-Wake, a primary sponsor of the annexation moratorium bill.But it’s not clear whether pending annexations, including Monkey Junction, would have to abide by the new statutes. Legislators said those questions may be answered as the bills move through the General Assembly.
Reps. Danny McComas of New Hanover County, Carolyn Justice of Pender County and Frank Iler of Brunswick, all Republicans, are co-sponsors of the House moratorium bill.Freshman Sen. Thom Goolsby, R-New Hanover, is a primary sponsor of a similar moratorium bill filed in the Senate on Wednesday.“It puts on hold any moves to annex areas, period,” he said. “It will help those people at Monkey Junction.”
The annexation moratorium bill is Goolsby’s first piece of legislation as a primary sponsor. “It’s something that I spoke about all throughout my campaign,” he said. “It’s very important to a lot of our local people. ”The moratorium bill is a precursor to the annexation reform bills anticipated in coming weeks. Dollar said 46 other states either ban involuntary annexation or have a mechanism in place that provides a voice for affected property owners.
“North Carolina is one of only four states that doesn’t offer its citizens some level of protection, some level of real participation in the process,” he said.Giving affected residents a meaningful voice would be a central issue in discussions about annexation reform, Dollar said. Several options are likely to be considered. They include allowing only residents in the proposed annexation area to vote or allowing all current and future residents of a municipality to vote. “Our preference is to have a vote of the people in the proposed (annexation) area only,” Dollar said of Republicans pushing annexation reform.He added: “We have also left it open, and we have all along, to explore the full range of ways in which homeowners can have a meaningful voice in the process of an involuntary annexation.”
The House moratorium bill was referred to the House Judiciary Committee.
The Wilmington City Council has plans to annex small areas of unincorporated New Hanover County every other year for the next two decades. Council members say it’s the fairest way to grow the city’s property tax base and keep the tax rate down for city residents, while ensuring that people who use city services, such as roads and parks, pay their share to maintain them.
Annexation opponents say the current laws, which allow cities to take in and tax residents without any vote by the affected citizens, amounts to taxation without representation.
Patrick Gannon: (919) 836-0889
On Twitter: @StarNewsPat
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Published: Wednesday, February 2, 2011 at 5:02 p.m.
