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House Bill 92 — Forest land annexation

House Bill 92 — Forest land annexation

Phil Haunschild
February 7, 2019

Bill description: HB 92 would prohibit cities from annexing five acres or more of forest land without the consent of a landowner.

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Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency or accountability? Conversely, does it increase public access to information related to government activity or increase government transparency or accountability?

HB 92 would limit the power of city councils to forcibly annex private property without the consent of the landowners. If city councilors wish to annex a plot of forest land larger than five acres, they would have to get “the express written permission of the owner.” By creating this requirement, HB 92 would protect landowners from city councils seeking to force them into the city without public input.

By annexing new land, city councilors can increase their budgets, increase their tax revenues, and otherwise increase their power. HB 92 would hold city councilors accountable when it comes to annexing new forest land. Rather than having all the power for annexation in the hands of the councilors, landowners would be able to decide whether or not to join the city.


Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?

HB 92 would provide a specific carve-out for forest land larger than five acres from the current annexation law. The only other two classes of property with under a similar exemption are county-owned parcels used as fairgrounds and property of 50 acres or more devoted to public recreation. In addition, HB 25, introduced earlier this session, would extend a similar exemption for agricultural land. HB 92 would give preferential treatment to both those who own large plots of land and to those who are engaged in agriculture.


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