 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
annexation of territory; procedures
Purpose
Allows a city or town to waive the 30-day waiting period and public hearing requirement for a proposed annexation where the property owner who proposes the annexation encompasses 100 percent of the property to be annexed. Modifies public hearing notice requirements for a proposed annexation.
Background
Statute prescribes procedures for extending and increasing the corporate limits of a city or town by annexation. A city or town must file in the office of the county recorder a blank petition setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed. The accurate map must include all county rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation. The description must identify the identity that will be responsible for maintaining the existing rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation. Territory is not contiguous unless: 1) the territory adjoins the exterior boundary of the annexing city or town for at least 300 feet; 2) the territory, at all points, is at least 200 feet wide, excluding rights-of-way and roadways; and 3) the distance from the existing boundary of the annexing city or town where it adjoins from the annexed territory to the furthest point of the annexed territory from that boundary is not more than twice the maximum width of the annexed territory.
Signatures on petitions filed for annexation must not be obtained for a waiting period of 30 days after filing the blank petition. The governing body of the city or town must hold a public hearing within the last 10 days of the 30-day waiting period to discuss the annexation proposal. At least 6 days before the hearing, notice must be given to recipients as outlined by statute and publicly posted: 1) at least once in a newspaper of general circulation at least 15 days before the waiting period; and 2) in at least three public places in the territory proposed to be annexed. Within one year of the last day of the 30 day waiting period, a petition in writing must be signed by the owners of at least 50 percent in value of the real and personal property and more than 50 percent of all property owners that would be subject to taxation by the city or town in the event of an annexation, as shown by the last assessment of the property. The annexation must become final after the expiration of 30 days after the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with the statutory procedures of territory annexation, subject to review of the court to determine the validity of the annexation ordinance if petitions in objection have been filed (A.R.S. § 9-471).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expedites the annexation process for a territory that encompasses the real and personal property of the property owner who initiates the annexation and that represents 100 percent of the real and personal property that would be subject to taxation by the city or town in the event of annexation, by:
a) allowing the city or town to waive the requirement for a 30-day waiting period and the requirement to hold a public hearing; and
b) requiring the annexation to become final after the governing body of the city or town adopts the annexation ordinance.
2. Allows a city or town, on obtaining the statement that contains the owner, address of the owner and the appraisal and assessment of the property, to file a signed petition with the county recorder in the court where the territory proposed to be annexed is located within one year after the city or town files for annexation.
3. Allows a city or town to satisfy the requirement to publish a notice for a proposed annexation hearing by publishing the notice electronically in the newspaper's electronic edition, if the newspaper maintains an electronic edition online that is available in the city or town where the proposed annexation is located.
4. Allows a city or town to satisfy the requirement to post a notice for a proposed annexation hearing in at least three conspicuous public places by posting a single notice on the site of the parcel that is proposed to be annexed in an area that is most visible to the public, if the territory proposed to be annexed consists of a single parcel and the parcel is 160 acres or less.
5. Requires a city or town, if any or all of a fire district is part of the territory proposed to be annexed, to provide notice to the affected district at least 30 days before the annexation is complete.
6. Requires a notice for a proposed annexation to be published in a newspaper of general circulation once, rather than at least once.
7. Specifies that the statutory determination for determining whether a territory is contiguous does not apply to territory that was adjacent to the same city or town and owned by the same city or town at the time of the annexation.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
GOV 2/11/26 DPA 4-3-0-0
3rd Read 2/26/26 39-15-6
Prepared by Senate Research
March 19, 2026
AN/ci