14-40-302. Authority — Exceptions.

14-40-302. Authority — Exceptions. (a) By vote of two-thirds (2/3) of the total number of members making up its governing body, any municipality may adopt an ordinance to annex lands contiguous to the municipality if the lands are any of the following: (1) Platted and held for sale or use as municipal lots; (2) Whether platted or not, if the lands are held to be sold as suburban property; (3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; (4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) When they are valuable by reason of their adaptability for prospective municipal uses. (b)(1) Contiguous lands shall not be annexed if they: (A) At the time of the adoption of the ordinance, have a fair market value of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes; (B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970; (C) Are lands that do not include residents, except as agreed upon by the mayor and county judge; or (D) Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge. (2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the United States Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts. (3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands shall be assessed as agricultural lands. (c) However, a municipality having a population of fewer than one thousand (1,000) persons shall not annex in any one (1) calendar year contiguous lands in excess of ten percent (10%) of the current land area of the municipality. (d)(1) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves. (2) As used in this section, “enclave” means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.