§ 11-21-114. Petition to annex unincorporated territory enclosed by boundaries of other municipality - District court action.

A.  The majority of the owners of a subdivision or property owners located in unincorporated territory which is enclosed by the boundaries of a municipality may petition for annexation in writing to another municipality if:

1.  The width of the boundary is less than twenty (20) feet; and

2.  The property is contiguous to the other municipality except for the boundary.

B.  The governing body of the other municipality may grant the petition after notifying the enclosing municipality in writing at least thirty (30) days prior to adoption of the annexation ordinance.  The boundary of the enclosing municipality shall recede to the extent of the annexation.  The enclosing municipality at any time may reestablish its boundary within unincorporated territory enclosed by it on or after July 1, 2001.  The enclosing municipality may bring an action in district court to invalidate the annexation.  If the district court finds that the conditions for annexation exist and that the enclosing municipality has not demonstrated a substantial governmental interest in the use of the property, it shall uphold the annexation.

Added by Laws 1991, c. 57, § 1, eff. Sept. 1, 1991.  Amended by Laws 2001, c. 150, § 1, eff. July 1, 2001.