Title 36, Chapter 36, Section 20
( 36-36-20)
(a) As used in this article, the term "contiguous area" means, at
the time the annexation procedures are initiated, any area that
meets the following conditions: (1) At least one-eighth of the aggregate external boundary or 50
feet of the area to be annexed, whichever is less, either abuts
directly on the municipal boundary or would directly abut on the
municipal boundary if it were not otherwise separated from the
municipal boundary by lands owned by the municipal corporation or
some other political subdivision, by lands owned by this state, or
by the definite width of: (A) Any street or street right of way; (B) Any creek or river; or (C) Any right of way of a railroad or other public service
corporation which divides the municipal boundary and any area proposed to be
annexed; (2) The entire parcel or parcels of real property owned by the
person seeking annexation is being annexed; provided, however,
that lots shall not be subdivided in an effort to evade the
requirements of this paragraph; and (3) The private property annexed, excluding any right of way of a
railroad or other public service corporation, complies with the
annexing municipality's minimum size requirements, if any, to
construct a building or structure occupiable by persons or
property under the policies or regulations of the municipal
development, zoning, or subdivision ordinances. (b) Notwithstanding the limitations of subsection (a) of this Code
section, an area may be annexed by agreement between the municipal
corporation and the governing body of the county in which the
territory proposed to be annexed is located. (c) If, at the time annexation procedures are initiated, the entire
area to be annexed is owned by the municipal governing authority to
which the area is to be annexed and if the annexation of municipally
owned property is approved by resolution of the governing authority
of the county wherein the property is located, then the term
"contiguous area" shall mean any area which, at the time annexation
procedures are initiated, abuts directly on the municipal boundary
or which would directly abut on the municipal boundary if it were
not otherwise separated from the municipal boundary by lands owned
by the municipal corporation or some other political subdivision, by
lands owned by this state, or by the definite width or by the length
of: (1) Any street or street right of way; (2) Any creek or river; or (3) Any right of way of a railroad or other public service
corporation
which divides the municipal boundary and any area proposed to be
annexed. |