Tennessee § 6-51-105 - Referendum on annexation.

§ 6-51-105. Referendum on annexation.

At least thirty (30) days and not more than sixty (60) days after the last of such publications, the proposed annexation of territory shall be submitted by the county election commission in an election held on the request and at the expense of the proposing municipality, for approval or disapproval of the qualified voters who reside in or own property in the territory proposed for annexation; provided, that not more than two (2) persons are entitled to vote based upon ownership of an individual tract of property, regardless of the number of owners of such property. The legislative body of the municipality affected may also at its option submit the questions involved to a referendum of the people residing within the municipality. In the election or elections to be held, the questions submitted to the qualified voters shall be “For Annexation” and “Against Annexation.” The county election commission shall promptly certify the results of the election or elections to the municipality. Upon receiving the certification from the county election commission, the municipality shall forward a copy of the certification to the county mayor in whose county the territory being annexed is located. If a majority of all the qualified voters voting thereon in the territory proposed to be annexed, or in the event of two (2) elections as provided for in subsections (a) and (b), a majority of the voters voting thereon in the territory to be annexed and a majority of the voters voting thereon in the municipality approve the resolution, annexation as provided therein shall become effective thirty (30) days after the certification of the election or elections. [Deleted by 2015 amendment.] Acts 1955, ch. 113, § 3; T.C.A., § 6-312; Acts 2005, ch. 411, § 6; 2015, ch. 512, § 4; 2019, ch. 408, § 1. Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015. However, the governor signed the act and it became law on May 20, 2015. Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law. Thus, the effective date of the act is June 29, 2015. Amendments. The 2015 amendment deleted (f), which read “The mode of annexation provided in this section is in addition to the mode provided in § 6-51-102 .” The 2019 amendment substituted “who reside in or own property in the territory proposed for annexation; provided, that not more than two (2) persons are entitled to vote based upon ownership of an individual tract of property, regardless of the number of owners of such property” for “who reside in the territory proposed for annexation” in (a). Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.]. Acts 2019, ch. 408, § 2. May 21, 2019. Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 15, 16.