North Carolina § 160A-58 - 50. Declaration of policy.

§ 160A-58. 50. Declaration of policy.

It is hereby declared as a matter of State policy: That sound urban development is essential to the continued economic development of North Carolina. That municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety, and welfare in areas being intensively used for residential, commercial, industrial, institutional, and governmental purposes or in areas undergoing such development. That municipal boundaries should be extended in accordance with legislative standards applicable throughout the State to include such areas and to provide the high quality of governmental services needed therein for the public health, safety, and welfare. That areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality. That the provision of services to protect the health, safety, and welfare is a public purpose. That it is essential for citizens to have an effective voice in annexations initiated by municipalities. History (2011-396, s. 9.) Twelve-year Prohibition on Involuntary Annexation. - Session Laws 2012-3, s. 3, effective July 1, 2012, provides: "Twelve-year prohibition on involuntary annexation. - All areas affected by the annexation ordinances described in Section 4 of this act shall not be subject to any annexation proceeding, other than a voluntary annexation under Part 1 or Part 4 of Article 4A of Chapter 160A of the General Statutes, or local act of the General Assembly, for a period of 12 years from and after the effective date of this act. After the 12-year period, the area may be subject to annexation in accordance with State law effective at that time." Session Laws 2012-3, s. 4, provides: "Repealed involuntary annexation ordinances. "(1) Kinston annexation ordinance, as described in House Bill 5, First Edition, 2011 Regular Session. "(2) Lexington annexation ordinance, as described in House Bill 37, First Edition, 2011 Regular Session. "(3) Rocky Mount annexation ordinance, as described in House Bill 56, First Edition, 2011 Regular Session. "(4) Wilmington annexation ordinance, described in House Bill 180, First Edition, 2011 Regular Session. "(5) Asheville•iltmore Lake annexation ordinance, as described in House Bill 236, First Edition, 2011 Regular Session. "(6) Marvin annexation ordinance, affecting the area described in RS 2008-02-02, a resolution of the Village of Marvin Council. "(7) Southport annexation ordinance, affecting 'Area A' and 'Area B,' as described in City of Southport annexation ordinance, adopted June 9, 2011. "(8) Goldsboro annexation ordinance, affecting the area described in Senate Bill 314, First Edition, 2011 Regular Session. "(9) Fayetteville Gates Four annexation ordinance, as described in House Bill 231, First Edition, 2011 Regular Session." Session Laws 2012-3, s. 6, is a severability clause. Session Laws 2012-103, s. 2, effective June 29, 2012, provides: "Twelve-year prohibition on involuntary annexation. - All areas affected by the annexation ordinances described in Section 3 of this act shall not be subject to any annexation proceeding, other than a voluntary annexation under Part 1 or Part 4 of Article 4A of Chapter 160A of the General Statutes, or local act of the General Assembly, for a period of 12 years from and after the effective date of this act. After the 12-year period, the area may be subject to annexation in accordance with State law effective at that time." Session Laws 2012-103, s. 3, provides: "Repealed involuntary annexation ordinances. - "(1) Elizabethtown Annexation Ordinance 2011-04 (Area A) adopted June 6, 2011. "(2) Elizabethtown Annexation Ordinance 2011-05 (Area B) adopted June 6, 2011. "(3) Elizabethtown Annexation Ordinance 2011-06 (Area C) adopted June 6, 2011. "(4) Elizabethtown Annexation Ordinance 2011-07 (Area D) adopted June 6, 2011." Session Laws 2012-103, s. 4, is a severability clause. Session Laws 2012-104, s. 2, effective June 29, 2012, provides: "Twelve-year prohibition on involuntary annexation. - All areas affected by the annexation ordinances described in Section 3 of this act shall not be subject to any annexation proceeding, other than a voluntary annexation under Part 1 or Part 4 of Article 4A of Chapter 160A of the General Statutes, or local act of the General Assembly, for a period of 12 years from and after the effective date of this act. After the 12-year period, the area may be subject to annexation in accordance with State law effective at that time." Session Laws 2012-104, s. 3, provides: "Repealed involuntary annexation ordinances. - "(1) Elizabethtown Annexation Ordinance 2011-09 (Area J) adopted June 6, 2011. "(2) Elizabethtown Annexation Ordinance 2011-10 (Area N) adopted June 6, 2011. "(3) Elizabethtown Annexation Ordinance 2011-07 (Area Q) adopted June 6, 2011." Session Laws 2012-104, s. 4, is a severability clause. Editor's Note. - Session Laws 2011-396 repealed former Parts 2 and 3 of Article 4A and enacted in their place new Parts 7 and 8. Session Laws 2011-396, s. 12, provides: "Except for Sections 10, 11.1, and 11.2, this act does not apply to any municipality that in its charter requires that an annexation must be approved by (i) either the voters in a referendum or at the request of a majority of the property owners; (ii) the voters in a referendum; or (iii) the request of a majority of the property owners." Sections 10, 11.1, and 11.2 amended G.S. 160A-31, 143B-437.04(a), and 159G-23, respectively. Session Laws 2011-396, s. 13, is a severability clause. Session Laws 2011-396, s. 14, provides: "This act is effective when it becomes law [July 1, 2011] and applies to annexations initiated by municipalities on or after that date and to petitions for annexation under Part 1 and Part 4 of Article 4A of Chapter 160A of the General Statutes presented on or after that date. Annexations initiated prior to the effective date of this act by any action under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, but for which an annexation ordinance has not been adopted, shall terminate and may be reinitiated in compliance with Part 7 of Article 4A of Chapter 160A of the General Statutes as enacted by this act." Legal Periodicals. - For survey of 1980 administrative law, see 59 N.C.L. Rev. 1026 (1981). For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1093 (1981). For survey of 1981 administrative law, see 60 N.C.L. Rev. 1165 (1982). For 1984 survey, "Competitive Annexation Among Municipalities: North Carolina Adopts the Prior Jurisdiction Rule," see 63 N.C.L. Rev. 1260 (1985). For survey, "Municipal Annexation in North Carolina: A Look at the Past Decade," see 14 Campbell L. Rev. 135 (1992). For comment, "'Caught Between a Rock and a Hard Place': Fringe Landowners 'Can't Get No Satisfaction.' Is It Time to Re-Think Annexation Policy in North Carolina?," see 24 Campbell L. Rev. 317 (2002). For note, "Consent Not Required: Municipal Annexation in North Carolina," see 83 N.C. L. Rev. 1634 (2005). For article, "Bargain Basement Annexation: How Municipalities Subvert the Intent of North Carolina Annexation Laws," see 29 N.C. Cent. L.J. 77 (2006).