6-58-111 - Annexation procedure Quo warranto action to challenge annexation.
6-58-111. Annexation procedure Quo warranto action to challenge annexation.
(a) Notwithstanding any provision of this title or any other law to the contrary, a municipality possesses exclusive authority to annex territory located within its approved urban growth boundaries; therefore, no municipality may annex by ordinance or by referendum any territory located within another municipality's approved urban growth boundaries. Within a municipality's approved urban growth boundaries, a municipality may use any of the methods in chapter 51 of this title to annex territory; provided, that if a quo warranto action is filed to challenge the annexation, the party filing the action has the burden of proving that:
(1) An annexation ordinance is unreasonable for the overall well-being of the communities involved; or
(2) The health, safety, and welfare of the citizens and property owners of the municipality and territory will not be materially retarded in the absence of such annexation.
(b) In any such action, the action shall be tried by the circuit court judge or chancellor without a jury.
(c) A municipality may not annex territory by ordinance beyond its urban growth boundary without following the procedure in subsection (d).
(d) (1) If a municipality desires to annex territory beyond its urban growth boundary, the municipality shall first propose an amendment to its urban growth boundary with the coordinating committee under the procedure in § 6-58-104.
(2) As an alternative to proposing a change in the urban growth boundary to the coordinating committee, the municipality may annex a territory located in the county's planned growth area or rural area by referendum as provided in §§ 6-51-104 and 6-51-105.
[Acts 1998, ch. 1101, § 12; 2005, ch. 246, §§ 1, 2.]