What is annexation?
Annexation sounds like a complicated, technical term, but its meaning is quite simple. Annexation is the process by which a city adds land to its jurisdiction in order to extend its services, laws, and voting privileges to residents living in the annexed area.
Why does Edgerton annex land?
Typically a property owner requests to be annexed into Edgerton so that the City can provide water, sewer or other city services to new developments. Bringing your property inside the City limits allows for simplified boundaries, better planning and development and makes it easier to provide services in an efficient, affordable manner.
Types of Annexations
There are basically two types of annexation: consent and unilateral annexation.
Consent annexation is the most common type of annexation and occurs when a property owner requests to be annexed into the city limits. There are two types of consent annexation: contiguous and island.
Contiguous simply means adjoining or touching a current city boundary. Under K.S.A. 12-520 (a)(7), property that adjoins the existing corporate limits of the City may request to be annexed by the owner signing a consent annexation form and filing it with the City Clerk. The City Council will then review and consider the contiguous consent annexation. The City Council can approve the annexation with the passage of an ordinance which becomes effective upon its publication in the official City newspaper. No notification of neighbors is required and there is no public hearing requirement.
Contiguous consent annexation as described above is the most efficient method of being annexed by the City. The items necessary for a consent annexation include a contiguous boundary with the existing City limits, a consent to annex form filed with the City Clerk and a legal description for the property to be considered for annexation.
Property that does not touch the City boundaries is considered an “island annexation” and requires certain approvals from both the City of Edgerton City Council and the Johnson County Board of County Commissioners, which will increase the time required for the annexation proceeding. To the extent possible, the City would like to avoid “island” annexations unless a greater public good is served in proceeding with such an annexation.
Unilateral annexations occur when a City wishes to annex land without the prior permission of the property owner. State law outlines the criteria for unilateral annexation by a municipality and specifies the annexation procedures that must be followed. This includes notification of affected property owners, at least one public hearing, and the preparation of a municipal services plan. Mayor Roberts and the Edgerton City Council have repeatedly expressed their disinterest in unilateral annexations.
At the end of each year, the City Council must pass a resolution declaring the corporate boundaries of the City in any properties were annexed into the City. This step is more of a formality and property owners have no responsibility in fulfilling this requirement.