It's not just the taxes. Changes in regulatory restrictions on property use are takings because changing what a property owner can do with their property limits their opportunities to realize value from their property. There were a number of cases from the Supreme Court dealing with this idea. IANAL, but I believe that while annexation meets the due process requirements of the law, it still involves taking property rights from the annexed.
Who to vote for in CoCS election?
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Last: 13 yr ago by biobioprof
Bio.. good point. I note the chior at city hall is taking a coffee break--or off the clock so to speak.
Question: When is taking money without consent considered theft?
My sympathy to my fellow CS residents in Occupied Wellborn..
[This message has been edited by foxfire (edited 5/4/2011 4:55p).]
Question: When is taking money without consent considered theft?
My sympathy to my fellow CS residents in Occupied Wellborn..
[This message has been edited by foxfire (edited 5/4/2011 4:55p).]
I heard to de-annex an area, the property owner must request it formally, then the council has to hold hearings and vote on it property by property. What a mess!
quote:
Vote against the recall, that is just plain stupid.
Your punctuation has me confused. Do you mean, "To vote against the recall is a stupid act" or, "To not vote against the recall is a stupid act". Also, could you quantify 'stupid' in the form of a gaugeable metric? It's such a formative and nebulous term.
Personally, I rate voting FOR the recall at around 8.3 on the fun-o-meter.
I am not against recall elections, and I dislike forced annexation, but I will not be voting to recall any of these three council members.
It did occur to me that if you have ever wished you could vote for "none of the above," this is your chance.
_________________________________________________________
It's your money, not theIRS! (At least for a little while longer.)
It did occur to me that if you have ever wished you could vote for "none of the above," this is your chance.
_________________________________________________________
It's your money, not theIRS! (At least for a little while longer.)
quote:
I heard to de-annex an area, the property owner must request it formally, then the council has to hold hearings and vote on it property by property. What a mess!
Where did you hear this? I think the council could act on its own. Where your scenario might apply would be in cases where a property is annexed and the years go by and services are not provided, THEN I think the property owner has to request deannexation. Also, property owners at any time can request to be annexed and council votes yea or nay. In that case, the city is not limited by the annexation laws (at least 1000 feet wide and long, etc.) and annexation can be immediate when it's voluntary. I have no idea how the service plan is decided on voluntary requests for annexation.
quote:
Simply put, what it takes to detach (disannex) Wellborn is FOUR votes on Council to do so (or THREE, if the Council is temporarily reduced to four members . . .).
You are making a lot of assumptions. The three top assumptions are.
1. The recall will be successful or
2. all three of the anti-annexation candidates will be elected.
3. The current council member who voted against the annexation will vote for dis-annexation.
I do not see any of those things happening.
At best you may see one of the anti-annexation candidates elected.
Sorry, if I were taking bets I would say that dis-annexation would be a very long shot now and in the future.
Just my opinion.
quote:
Where did you hear this?
From someone that I trust enough to give it some merit.
As the above poster mentioned, I also think it's a long shot that the outcome gets anywhere close to this happening, anyway. I know it's a bitter pill to swallow, but the annexation is done.
To keep on fighting only empowers the city to do what they want with the newly annexed area. If the recall doesn't go the way you want (and maybe even if it does), do you really think any of your leaders will be seriously listened to while still battling?
According to state law (Sec 43.142), a home rule city can deannex according to their charter. According to City of CS Charter, Section 7, "The City Council shall have the power to detach, by
ordinance, any territory, with or without the consent of the inhabitants of such area to be
detached."
Even if that weren't true and if a petition was required like in a general law city, then a petition signed by 50 voters would result in a ballot item in a general election. I think Wellbornites have no problem getting that many signatures.
(Personal note: I am still a member of CfW, but ended my board position in January 2011 due to health reasons. Therefore, I do not speak for CfW. I was not annexed, so I can't vote.).
ordinance, any territory, with or without the consent of the inhabitants of such area to be
detached."
Even if that weren't true and if a petition was required like in a general law city, then a petition signed by 50 voters would result in a ballot item in a general election. I think Wellbornites have no problem getting that many signatures.
(Personal note: I am still a member of CfW, but ended my board position in January 2011 due to health reasons. Therefore, I do not speak for CfW. I was not annexed, so I can't vote.).
well if there is a movement to deannex certain areas of the city. I wonder how i get my house on the list. I would love to live in the city and not pay city property tax.
Sign me up for that!
Sign me up for that!
I'd vote for letting you go, as long as we disconnect your electricity,water and sewer, stop your trash pickup, and not cover you with police and fire. You can keep using the parks and roads as a free rider, as far as I'm concerned.
Can we deannex Aspen Heights?
Can we deannex Aspen Heights?