Title 11 — Title 11

The term “owners,” as used in this article, shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. History: (Acts 1971, No. 2228, p. 3585, §1.)

Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the corporate limits of such town or city be reduced and the boundaries thereof reestablished, said council shall pass a resolution defining the proposed co…

and List of Qualified Electors. Upon the passage of such resolution the mayor or person holding the chief office of such city or town shall certify a copy of such resolution, together with a plat or map correctly defining the corporate limits proposed to be established, and the n…

Be Excluded of Hearing to Show Cause Why Proposed Boundary Should Not Be Established and Map or Plat Recorded. Upon the presentation of such certified copy of such resolution, accompanied by the map or plat, the judge of probate shall file the same and issue notice to the persons…

Resolution and Map or Plat When No Protest Filed; Recordation of Map or Plat. On the day so fixed by the judge of probate if no one appears and makes protest against such change, the judge of probate shall make an order which must be entered upon the minutes of the probate court …

Corporate Limits. If any protest against such change is made by any person within the territory to be excluded and reasonable cause is shown which, in the opinion of the judge of probate, requires that such question be submitted to the qualified electors of such city or town, the…

The judge of probate shall give notice of the holding of such election by publication in newspaper published within the city or town, one publication thereof for at least seven days being sufficient, and if no newspaper is published in such city or town then by posting a notice t…

Such election shall be held at the regular voting places in said city or town and all qualified electors residing in said city or town shall have a right to vote thereat. History: (Acts 1923, No. 372, p. 394; Code 1923, §2420; Code 1940, T. 37, §244.)

Etc., of Ballots; Appointment, Etc., of Clerks, Inspectors, and Returning Officer; Ascertainment, Etc., of Election Results; Entry of Order as to Adoption of Proposed Corporate Limits, Etc. (a) The election shall be to determine whether or not the proposed corporate limits shall …

Limits. If it appears that the majority of votes cast in such election are against the adoption of the proposed corporate limits, an order shall be entered by the probate judge dismissing said proposal. History: (Acts 1923, No. 372, p. 394; Code 1923, §2422; Code 1940, T. 37, §24…

The result of such election may be contested by any qualified elector voting at the election in the manner provided for contest of general municipal elections, making the city or town the contestee. History: (Acts 1923, No. 372, p. 394; Code 1923, §2423; Code 1940, T. 37, §247.)

(a) Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality located in the state and the property does not lie within the corporate limits or police jurisdiction of any other municipality, sha…

The city or town at whose instance the proceedings are instituted shall pay all costs and expenses incident thereto, including the cost of such election so held. History: (Acts 1923, No. 372, p. 394; Code 1923, §2424; Code 1940, T. 37, §248.)

Said map or plat, the record thereof or a certified copy therefrom, whether the same is adopted without objection or adopted after election as provided in this article, shall be evidence in any court of this state as to the proper boundaries of said city or town. History: (Acts 1…

to Article; Jurisdiction as to Same. The territory included within the corporate limits established under the provisions of this article shall be subject to all the laws and ordinances of said city or town then in force or that may thereafter be adopted, and said city or town sha…

Services Rendered. The judge of probate for services rendered under the provisions of this article shall be entitled to charge a fee of $10.00. All other officers shall be entitled to the same compensation for services rendered by them as they are authorized by law to charge for …

Any incorporated municipality having extended its corporate limits under the provisions of this article or any other law may again extend its corporate limits under this article or under any other law authorizing an extension of the corporate limits by such incorporated municipal…

The provisions of this article shall in no wise preclude any municipality from extending its corporate limits by annexation in any other way or manner that may be authorized by law. History: (Acts 1971, No. 2228, p. 3585, §3.)

This act [amended sections 11-42-21, 11-42-22] shall not be construed to affect any proposed annexation, done under the provisions of this article, in progress at the time this act [amended sections 11-42-21, 11-42-22] becomes a law; nor shall it affect any proceedings in a court…

Resolutions, Orders, or Notices Under Article. (a) Any city or town having extended its corporate limits under the provisions of this article or other law may again extend its corporate limits under this article or under any other law authorizing an extension of corporate limits …

Notwithstanding any other provision of law, any Class 6 municipality may annex land or territory pursuant to the provisions of this chapter, provided the land or territory is contiguous to land or territory owned by a public university when the land or territory owned by the univ…

Election. After an election has been held in any territory under the provisions of this article or any other law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election. History: (Code 1907, §1…

Any city having 25,000 inhabitants or more, as shown by the last federal census, from time to time, may extend its corporate limits in the manner and with the rights, powers, and privileges as set forth in this article, but the provisions of this article shall not preclude any ci…

The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that certain territory (described in the resolution) shall be brought within the limits of the city. History: (Code 1907, §1076; Code 1923, §1770; Code 194…

Annexed with Probate Judge. (a) The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the county in which the land proposed to be brought into the city is situated, and said certified resolution shall have attached theret…

Within 10 days of the date of the filing of such certified copy of resolution with plat or map attached, the judge of probate must make and enter an order upon the minutes of said court directing and ordering an election to be held by the qualified electors residing within the te…

The said judge of probate shall give notice of the holding of such election by publication in at least one newspaper and, at the discretion of the judge, in more than one newspaper published in the county wherein such election is to be held, which notice shall state the day on wh…

The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places. History: …

Generally. The probate judge shall appoint three inspectors of election and one returning officer for each voting place. The inspectors shall manage the election at the respective voting places at which they are appointed inspectors. History: (Code 1907, §1081; Code 1923, §1775; …

Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the election may vote at such election, but must vote at the voting place designated by the judge of probate for voters in the territor…

The election to determine whether or not the proposed territory shall be brought within the corporate limits of the city must be conducted in all respects as provided by the general election laws and under the same sanction and penalties, except as changed by the provisions of th…

Each voter may furnish his own ballot with the following words written or printed thereon: “For annexation,” if he desires to vote in favor of annexing the territory to the city or “Against annexation,” if he desires to vote against annexing the territory to the city. It shall no…

Every annexation undertaken prior to May 31, 2023, under any statutory procedure for annexation by any municipality and which the annexation procedure has been completed, notwithstanding any irregularity or defect in the procedure, is ratified and confirmed and given effect in al…

The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their respective voting places to the judge of probate and deliver the same to the returning officer, who must at once return the same to the…

as to Annexation of Territory. The judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of the votes cast at the election were “for annexation” the judge shall make and enter an order on the records of the probate court adjudging a…

The result of such election may be contested by any qualified elector voting at the election in the manner provided for control of general municipal elections, making the city the contestee. History: (Code 1907, §1087; Code 1923, §1781; Code 1940, T. 37, §150.)

The city at whose instance the election is held shall pay all cost and expense incident to the election. History: (Code 1907, §1088; Code 1923, §1782; Code 1940, T. 37, §151.)

Any city having extended its corporate limits under the provisions of this article or any other act or law may again extend its corporate limits under this article or under any other act or law authorizing an extension of corporate limits by such city. History: (Code 1907, §1123;…

In every proceeding to extend the corporate limits of any city under the provisions of this article the council of such city shall declare in each and every resolution provided for in this article and the probate judge shall declare in each and every order directing and ordering …

Election. After an election has been held in any territory under the provisions of this or any other similar law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election. History: (Code 1907, §1…

All territory brought within the corporate limits of a city under the provisions of this article and all property having a situs within such territory shall be exempt from city taxation or the payment of taxes to the city for the period of not less than 10 nor more than 15 years …

After Five Years. From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the city, all portions of such territory as has residing on it a population of at least 20 persons on a contiguous 10 acres of land (in fo…

Etc., in Annexed Territory. All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as or as a part of a mining, manufacturing, or industrial plant or construction or which is used or occupied as or as a part of a…

of Map to Be Furnished to Judge of Probate; Notice of Intention to Apply for Local Law Annexing Territory. (a) Any bill introduced in the legislature which attempts to annex territory to any municipality or to otherwise change the boundary lines of any municipality shall contain …

Declaring Annexed Territory Subject to Taxation and Map of Same. Whenever and as often as the facts exist which authorize a city to collect taxes from and on any portion of the territory brought within the corporate limits under the provisions of this article, the council or gove…

Show Cause Why Property Should Not Be Subject to Taxation. The mayor or other governing head of the city, within five days of the time he files the certified copy of such resolution with map attached as provided in section 11- 42-60, shall give notice by publication once a week f…

Notice. Land owned by any number of separate and distinct owners may be embraced in the same resolution passed by the board or governing body of the city, and notice or citation by publication may be given to all owners by the mayor in one notice, but each owner shall have the ri…

Separate Causes Against Contesting Property Owners. (a) On the day fixed in the notice or any day to which said cause may be continued, any owner of any of the property declared to be subject to taxation by the city in the resolution may file with the judge of probate a contest c…

Noncontesting Property Owners. On the day fixed in the citation published by the mayor for the hearing before the judge of probate or the day to which such case is continued, as to such property owner or owners as do not file a contest, the judge of probate shall render a decree …

Taxation of Property. (a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such time as he sees fit, and on the hearing shall hear such evidence as is introduced by either the property owner or the city and shall …