A legal continuing education seminar on annexation law and the interplay between annexations, urban planning, and jurisdictional relations (December 2012).

1. Annexations and Urban Planning
The Intersection of Law, Planning, and Jurisdictional Relations

2. www.millermillercanby.com
Jody Kline
jskline@mmcanby.com
Soo Lee-Cho
slcho@mmcanby.com
Damon Orobona
damon@mmcanby.com
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

3. The Green Bible – How Many Pages Devoted to Annexations?
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

4. Annexations Seem to be More of a Legal Topic
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

5. "What do we want?"
"A mutually agreed upon
border acknowledged by
the county planning
division."
"When do we want it?"
"Now!"
http://gaithersburg.patch.com/articles/border-wars-gaithersburg-rockville-fight-over-shady-grove-site
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

6. National Institute of Science and Technology – Surrounded by Gaithersburg, MD
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

7. Audience Snap Poll

8. The Annexation of Puerto Rico – The Little Giants (1994)
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Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

9. History of Annexations
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

10. Annexation History in the Region
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

11. Constitution Establishes Power in the States
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

12. The Dillon Rule
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

13. The Dillon Rule
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

14. The Dillon Rule – Authored by John Forrest Dillon (1868)
• In contrast to the powers of states, which are unlimited but for
express restrictions under the state or federal constitution,
municipalities only have the powers that are expressly granted to
them.
• Virginia follows the Dillon Rule – VA has not delegated annexation
powers to its cities.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

15. Virginia
• Until 1902, annexations in Virginia could only occur through an act of
state legislature
• Today, the state relies on a three-judge panel to review annexation
requests (i.e., the state has still not delegated annexation power to
local governments to figure out for themselves).
• A moratorium has been in place on city-county annexations since
1987.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

16. Maryland
• In contrast, Maryland has delegated the power to local governments.
Maryland allows local counties and cities to work out where
municipal boundaries should be drawn
• Much more fun process as you’ll see in the case studies later!
• Although Baltimore, an independent city, is prohibited from annexing
additional land
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

17. District of Columbia
• As always, DC is its own animal
• Organic Act of 1801 – Put DC under the control of the US Congress
• 1847, returned portion of DC to VA due to slave trade and the development requirement to
place federal buildings north of the Potomac River
• DC cannot add additional land area because annexations do not cross state lines
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

18. Societal Views on Annexation Over Time
• Pre-Rail – Annexation wasn’t a big concern for many years because of the desire to live and
work in the city to be close to jobs (outlying areas looked upon as unfavorable)
• With Rail, then automobile, many moved to the “more spacious areas” that were still tied to
the city. Suburbs still lacked amenities such as sidewalks, public water, and good schools.
People moving to suburbs starting desiring annexation into central cities
• Post WWII – Fast suburban growth increased class distinction between city and suburb.
Suburban developments did not want to fund less affluent portions of city. Annexation
initiatives become much more common from the city while the county (suburbs) are
resistant.
• Voting Rights Act of 1965 – Federal government examines annexation proposals southern
states with history of racial discrimination – ensuring that annexations do not dilute voting
power of African-Americans as annexing suburb to central city may add more Caucasian
voters.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

19. The Pros and Cons of Annexation
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

20. Perspective from City
Pros Cons
• Additional vacant land for future • Requires extension of services
town growth – and control over the
growth in this adjoining area - the cost of which may exceed
• Additional tax revenue from potential revenues
existing development • May require that new municipal
• Additional population to:
– Improve the economies of scale of
elections be held
services • Involves administrative and
– Participate in municipal affairs and
to serve on boards and legal reviews and a successful
commissions. outcome is not guaranteed
• Increases the city‟s influence in
state affairs • Disrupts city-county relations.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

21. In Their Own Words… Mayor Lamb of Sullivan City, Indiana
[Video clip removed. Not supportable on SlideShare.]
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

22. Perspective from Residents Outside City Limits
Pros Cons
• Extension of city services • Loss of control over local
• Higher “prestige” of being in a affairs
City jurisdiction • Loss of individuality of
community
• Increased tax burden
• May consider municipal
services to be unneeded,
undesirable, or duplicative.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

23. In Their Own Words… Residents Against Annexation, Goldsboro, North Carolina
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Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

24. Annexation Laws
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

25. Legislative Determination
Legislative
Determination
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Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

26. Popular Determination
Popular
Determination
http://www.youthkiawaaz.com/2010/12/wisdom-of-the-crowd-and-the-internet/
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

27. Popular Determination
Annexation
Agreement
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

28. Municipal Determination
Municipal
Determination
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

29. Judicial Determination
Judicial
Determination
http://longislandbankruptcyblog.com/long-island-bankruptcy-judges-appointed/
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

30. Boundary Review Commission
Boundary Review
Commission
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

31. Case Studies
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

32. California Case Study
1,100 acres of former orange groves
surrounded by City
Known as the “Donut Hole”
City wants residential and limited
commercial development
Owners want regional mall but need
services
City spent millions on water / sewer
upgrades to service Donut Hole
State law requires County to
reimburse City for infrastructure costs
if County provides services
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

33. Audience Snap Poll

34. City of Redlands, California
City Boundary
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

35. City of Redlands, California
Donut Hole
City Boundary
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

36. Citrus Plaza, Redlands California
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

37. Citrus Plaza, Redlands California
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

38. Maryland Case Study
4+ acre site - former car
dealership
City B Owners want to build 417
unit multi-family units
County
Waste County Master Plan limited to
Transfer non-residential use
Station
½ mile from Metrorail Station
Property Within 200 feet of Waste
Transfer Station
City A Contiguous to City A and
within expansion limits
City A under residential
development moratorium
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

39. Audience Snap Poll

40. Silverwood Annexation, Maryland
City of
Gaithersburg
County Waste
Transfer
Station
Silverwood
Property
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

41. Silverwood Annexation, Maryland
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

42. Trammell Crow Annexation, Maryland
Trammell
Crow Property
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

43. Sears Annexation, Maryland
City of
Gaithersburg
Sears /
Great Indoors
Site
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

44. Sears Annexation, Maryland
City of
Gaithersburg Proposed Annexation
Gaithersburg
Sears /
Great Indoors
Site
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

45. Sears Annexation, Maryland
City of
Gaithersburg Proposed Annexation
Gaithersburg
Gaithersburg Maximum Expansion Limits
Sears /
Great Indoors
Site
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

46. Sears Annexation, Maryland
City of Gaithersburg Proposed Annexation
Gaithersburg Gaithersburg Maximum Expansion Limits
Rockville Maximum Expansion Limits
Sears /
Great Indoors
Site
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

47. Sears Annexation, Maryland
City of Gaithersburg Proposed Annexation
Gaithersburg Gaithersburg Maximum Expansion Limits
Rockville Maximum Expansion Limits
Rockville Annexation Area of Shady Grove Rd
Sears /
Great Indoors
Site
City of
Rockville
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

48. Town of La Plata, Maryland
Charles County
• Current case pending before
MD Court of Appeals (highest
court in MD)
• In 2006, La Plata annexed
Jennings Parcel into town
Properties • In 2011, La Plata annexed Johel
Proposed to be property into town
Annexed into La • Walmart controls both
Plata properties; plans to build a
180,000 sf supercenter across
Town of La Plata property line
Boundaries • Charles Co. zoning doesn„t
allow retail over 100,000 sf
without special exception
• Although 5 years have passed
on Jennings parcel, time
limitation still applies to Johel
parcel.
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

49. If You Learned Nothing Else Today…
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Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A

50. Questions?
Introduction History Lesson Pros & Cons Annexation Laws Case Studies Q&A