HB26-1253 Disconnection from Statutory Municipality

Under current law, the owners of certain tracts of agricultural or farm land within and adjacent to the boundary of a statutory town or statutory city may petition the district court for the county to disconnect the land from the town or city (disconnection by court decree). The act modifies the disconnection by court decree process so that this process is not available for any tract of land that is included within the boundaries of an urban renewal area described in an urban renewal plan of an urban renewal authority (affected urban renewal authority) or a special district that, by its service plan or pursuant to an intergovernmental agreement, is or will be expected to provide service to the tract of land (affected special district). Instead of using the disconnection by court decree process, owners of these tracts of land must use the process for disconnection applications from a statutory municipality.     Under current law, the owner of a tract of land within and adjacent to the boundary of a statutory municipality may apply to the governing body of the municipality for the enactment of an ordinance disconnecting the tract of land from the municipality (disconnection by ordinance). The act also modifies this disconnection by ordinance process by requiring that, in addition to the existing requirement that an owner provide notice and a copy of the disconnection application to the board of county commissioners of the county in which the tract of land is located and to the board of directors of any affected special district, the owner seeking disconnection must also provide notice and a copy of the disconnection application to any affected urban renewal authority. Upon receiving the notice and application, these entities may request a meeting with the owner of the land and the governing body of the municipality to discuss and address any negative impacts that would result from the disconnection, including any change in the level or extent of services being provided to the tract of land that is the subject of the disconnection application or any interference with the implementation of an urban renewal plan of an affected urban renewal authority. The failure of these entities to request a meeting constitutes an acknowledgment that the disconnection will not adversely affect them.     The act applies to applications for disconnection from a statutory municipality and petitions for disconnection from a statutory city or town commenced on or after the applicable effective date of the act.(Note: This summary applies to this bill as enacted.)