71.011. Transfer of certain land between municipalities, when--procedure--exception--concurrent detachment and annexation, procedure.
Transfer of certain land between municipalities,when--procedure--exception--concurrent detachment and annexation,procedure.
71.011. 1. Except as provided in subsection 2 of this section,property of a municipality which abuts another municipality may beconcurrently detached from one municipality and annexed by the othermunicipality by the enactment by the governing bodies of each municipalityof an ordinance describing by metes and bounds the property, declaring theproperty so described to be concurrently detached and annexed, and statingthe reasons for and the purposes to be accomplished by the detachment andannexation. One certified copy of each ordinance shall be filed with thecounty clerk, with the county assessor, with the county recorder of deeds,and with the clerk of the circuit court of the county in which the propertyis located, whereupon the concurrent detachment and annexation shall becomplete and final. Thereafter all courts of this state shall take noticeof the limits of both municipalities as changed by the ordinances. Nodeclaratory judgment or election shall be required for any concurrentdetachment and annexation permitted by this section if there are noresidents living in the area or if there are residents in the area and theybe notified of the annexation and do not object within sixty days.
2. In a county of the first classification with a charter form ofgovernment containing all or a portion of a city with a population of atleast three hundred thousand inhabitants, unimproved property of amunicipality which overlaps another municipality may be concurrentlydetached from one municipality and annexed by the other municipality by theenactment by the governing body of the receiving municipality of anordinance describing by metes and bounds the property, declaring theproperty so described to be detached and annexed, and stating the reasonsfor and the purposes to be accomplished by the detachment and annexation.A copy of said ordinance shall be mailed to the city clerk of thecontributing municipality, which shall have thirty days from receipt ofsaid notice to pass an ordinance disapproving the change of boundary. Ifsuch ordinance is not passed within thirty days, the change shall beeffective and one certified copy of the ordinance shall be filed with thecounty clerk, with the county assessor, with the county recorder of deeds,and with the clerk of the circuit court of the county in which the propertyis located, whereupon the concurrent detachment and annexation shall becomplete and final. Thereafter all courts of this state shall take noticeof the limits of both municipalities as changed by the ordinances. Nodeclaratory judgment or election shall be required for any concurrentdetachment and annexation permitted by this section if the landowners inthe area are notified and do not object within sixty days.
(L. 1973 S.B. 38 § 1, A.L. 1990 H.B. 1536, A.L. 1998 S.B. 809, A.L. 2007 H.B. 459 merged with S.B. 22 merged with S.B. 30)