Annexation Power of Local Government

Annexation can sometimes be a contentious issue.  Often misunderstood, however, are the scope of the rights and powers of municipalities and other local governmental bodies involving the annexation process.  This case involved a dispute over annexation.  The plaintiff (landowner) had been trying to gain approval for installation of an on-site wastewater treatment system.  But, the local government had plans to annex the plaintiff’s property and property adjacent to it.  Accordingly, the county department of health denied the plaintiff’s permit application for the wastewater treatment system.  On appeal, however, the county board of health approved the permit and the plaintiff began construction of their private treatment system.  The local sanitary district moved to annex a portion of the plaintiff’s property, which would require them to hook into the district’s sewer system.  Under Iowa law (IA Code §358.16), property owners can petition the board of trustees of the local sanitary district for approval to annex.  No notice to those property owners that will be affected by the annexation is required to be given.  But, the district did attempt to notify the plaintiff of the annexation plans, first by letter sent via certified mail (but to the wrong address), then by personal service, and finally by publication in a local newspaper.  

The plaintiff claimed that the statute, by not requiring that notice be given, was unconstitutional (as a violation of federal and state due process rights).  The court didn’t buy the argument, noting that both the U.S. Supreme Court and the Iowa Supreme Court have ruled that municipal boundaries can be changed without the consent of the affected landowners. Faught v. Clear Lake Sanitary District, No. 7-590/06-1389, 2007 Iowa App. LEXIS 1253 (Iowa Ct. App. Nov. 29, 2007).