2001 House Bill 4720

Introduced in the House

May 3, 2001

Introduced by Rep. Jud Gilbert (R-82)

To establish new procedures for annexing and detaching property within the various types of local government. The legislation would require that townships and cities or villages undertake “good faith” negotiations to resolve disputes related to certain annexations of township territory by a city or village. Either party could file a claim in circuit court alleging that the other did not negotiate in good faith, and the court could provide appropriate equitable relief, including, but not limited to, prohibiting the annexation for up to two years, or prohibiting a referendum on the annexation. A township-wide vote could be required with petition signatures of at least 25 percent of the township's electors, even if the land is vacant or contains less than 100 residents. Detachment of territory from a city or village to a township would have to be approved by a majority vote of the qualified electors residing in each of the districts affected by the proposed detachment. This bill is part of a legislative package comprised of House Bills 4720, 4721, 4722, 4723, 4724, and 4725.

Referred to the Committee on Local Government and Urban Policy

Dec. 12, 2001

Substitute offered

To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Ken Bradstreet (R-105)

To exempt proposed annexations of territory that is vacant land where no one lives from the requirements of the bill, including potential referendums.

The amendment failed 35 to 67 (details)

Amendment offered by Rep. MaryAnn Middaugh (R-80)

To require that notices of a proposed annexation by a village also be published in the publications serving the area to be annexed.

The amendment passed by voice vote

Passed in the House 89 to 13 (details)

To establish new procedures for annexing and detaching property within the various types of local government. The legislation would require that townships and cities or villages undertake "good faith" negotiations to resolve disputes related to certain annexations of township territory by a city or village. Either party could file a claim in circuit court alleging that the other did not negotiate in good faith, and the court could provide appropriate equitable relief, including, but not limited to, prohibiting the annexation for up to two years, or prohibiting a referendum on the annexation. A township-wide vote could be required with petition signatures of at least 25 percent of the township's electors, even if the land is vacant or contains less than 100 residents. Detachment of territory from a city or village to a township would have to be approved by a majority vote of the qualified electors residing in each of the districts affected by the proposed detachment. This bill is part of a legislative package comprised of House Bills 4720, 4721, 4722, 4723, 4724, and 4725.

Received in the Senate

Dec. 12, 2001