Foes of involuntary annexation passionately ask state legislators to review the law

Toby Coleman, Staff Writer
Raleigh News Observer
June 14, 2007  

Homeowners from around the state booed at mayors and hissed at suit-wearing honchos Wednesday as they met in Raleigh to talk annexation.

The two sides clashed during a hearing before state lawmakers on a proposal to study North Carolina's controversial annexation law. The law has sparked remarkable vitriol in homeowners' hearts for decades because it allows municipalities to annex their land without the homeowners' permission.

About 100 annexation opponents showed up Wednesday dressed in red to support a new study. They recounted annexation horror stories, hissed at opponents and even tried to shout down Ellis Hankins, the director of the N.C. League of Municipalities, as he told the House members running the hearing that his group opposed the study.

"We are not happy," said Doug Aitken of the Fair Annexation Coalition.

It remains unclear what the state lawmakers' study, if approved, would examine.

State lawmakers have ordered up two other studies of the state's annexation rules over the last quarter-century. But after a record-setting 20 bills were filed calling for changes to the current system, some are saying its time for a third.

"People disagree, and they disagree strongly," said Rep. Paul Luebke, a Durham Democrat who presided over Wednesday's hearing. "The question is: Are there some improvements of the law to be made at this time?"

For nearly 50 years, North Carolina towns have been allowed by law to annex certain properties against owners' will. In exchange, municipal governments must provide such city services as police protection and trash pickup.

Town leaders say annexation has been a boon to North Carolina's urban economy. They say the power to expand their tax base helps them avoid inner-city blight, limit tax increases and protect the environment, among other things. That, in turn, makes towns more attractive to employers, they say.

Even Raleigh Mayor Charles Meeker, whose administration has rarely resorted to forced annexation, took the time Wednesday to plead with lawmakers for its protection.

"Don't undo the base of the law that's been so successful," he said.

The success of urban annexation, though, has created an entire class of frustrated former exurbanites such as Don and Faye Beal, whose home of 27 years was annexed by Cary a few years ago. After fruitlessly fighting the town, they gave in and started paying town taxes and the first installment of their water and sewer hookup fees.

When their septic tank failed earlier this year, though, Cary officials said there was nothing they could do. The town does not plan to provide sewer service in the Beals' neighborhood until at least next year. To stay in their house, the Beals had to pay $3,500 to replace their septic system.

"I thought it undemocratic that they can do things to you that cost you money and you don't have a voice," said Faye Beal, a former middle school history teacher.

The Beals are now part of a growing anti-annexation coalition that is feeding off homeowners who gained firsthand experience in neighborhood annexation fights. They argue that current annexation law unfairly excludes property owners from decision making, improperly allows towns to annex around poor and minority communities and pushes the cost of urban expansion onto citizens while requiring little from towns.

Annexation opponents have managed to build a limited audience in the legislature. A few of the lawmakers attended Wednesday's hearing. Some laughed sympathetically when annexation opponents cracked that their credit ratings would be good, too, if they could take property whenever they needed more money.

Still, fighting town hall is tough in the legislature, as the annexation opponents pointed out repeatedly. After the hearing Wednesday, they went back to their homes. Town officials, meanwhile, could rely the League of Municipalities to stay in Raleigh and keep an eye out for their interests.

Staff writer Toby Coleman can be reached at 829-8937 or toby.coleman@newsobserver.com.