Tennessee § 6-51-122 - No municipality permitted to extend corporate limits by annexation ordinance on municipality's own initiative for certain period of time — Exceptions — Comprehensive review and evaluation of state policies.

§ 6-51-122. No municipality permitted to extend corporate limits by annexation ordinance on municipality's own initiative for certain period of time — Exceptions — Comprehensive review and evaluation of state policies.

Notwithstanding this part or any other law to the contrary: From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102, in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B); If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102, or by resolution, pursuant to §§ 6-51-104 and 6-51-105; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118, or unless the owner or owners of the property give written consent for the annexation; If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A). On or before February 15, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall complete a comprehensive review and evaluation of the efficacy of state policies set forth within this chapter and chapter 58 of this title, and shall submit a written report of findings and recommendations, including any proposed legislation, to the speaker of the senate and the speaker of the house of representatives. Acts 2013, ch. 441, § 1; 2014, ch. 707, § 1. Attorney General Opinions. Acts 2013, ch. 441 does not preclude the implementation of annexation ordinances that were the subject of litigation contesting the validity of the ordinances, when the litigation was resolved prior to the date on which Chapter 441 became effective. OAG 13-71, 2013 Tenn. AG LEXIS 71 (9/4/13). Moratorium’s effect upon city annexation of property. OAG 14-07, 2014 Tenn. AG LEXIS 7 (1/10/14). State could lawfully and constitutionally withhold from a municipality state-shared revenue for an area that was lawfully annexed by the municipality between the operative dates set forth in proposed SB 121 [not enacted], April 15, 2013, and May 15, 2015. The General Assembly has the authority to change the portion of state-shared revenue that it allocates to a municipality both retroactively and prospectively. OAG 15-30, 2015 Tenn. AG LEXIS 30 (4/2/15).