annexation of territory; procedures

HB2793 - 572R - H Ver

House Engrossed

annexation of
territory; procedures

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2793

AN
ACT

amending section 9-471, arizona
revised statutes; relating to annexation of territory.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 9-471, Arizona Revised
Statutes, is amended to read:

START_STATUTE
9-471.

Annexation of
territory; procedures; notice; petitions; access to information; pre-annexation
agreements; restrictions

A. The following procedures are required to extend
and increase the corporate limits of a city or town by annexation:

1. A city or town shall file in the office of the
county recorder of the county in which the annexation is proposed a blank
petition required by paragraph 4 of this subsection setting forth a description
and an accurate map of all the exterior boundaries of the territory contiguous
to the city or town proposed to be annexed, except that a city or town shall
not file an annexation petition that includes any territory for which an
unsuccessful annexation was attempted by the same city or town until at least forty-five
days after completion of the unsuccessful attempt.� A property owner may waive
the forty-five-day waiting period for the owner's property that was
part of the original unsuccessful annexation.� Notice and a copy of the filing
shall be given to the clerk of the board of supervisors and to the county
assessor. The accurate map shall include all county rights-of-way
and roadways that are within or contiguous to the exterior boundaries of the
area of the proposed annexation. If state land, other than state
land used as state rights-of-way or land held by the state by tax
deed, is included in the territory, written approval of the state land
commissioner and the selection board established by section 37-202 shall
also be filed. The description shall identify the entity, if any,
that will be responsible for maintaining the existing rights-of-way
and roadways that are within or contiguous to the exterior boundaries of the
area of the proposed annexation. For the purposes of this paragraph,
"unsuccessful annexation" means an annexation attempt that was
withdrawn or that was not completed pursuant to this section.

2. Signatures on petitions filed for annexation
shall not be obtained for a waiting period of thirty days after filing the
blank petition.

3. After filing the blank petition pursuant to
paragraph 1 of this subsection, the governing body of the city or town shall
hold a public hearing within the last ten days of the thirty-day waiting
period to discuss the annexation proposal. The public hearing shall
be held in accordance with title 38, chapter 3, article 3.1, except that,
notwithstanding section 38-431.02, subsections C and D, the following
notices of the public hearing to discuss the annexation proposal shall be given
at least six days before the hearing:

(a) Publication
at least
once
in a newspaper of general circulation, which is published or circulated in the
city or town and the territory proposed to be annexed, at least fifteen days
before the end of the waiting period.
� IF the newspaper
maintains an
electronic edition online that is available
in the city or town where the territory proposed to be annexed is located, the
city or town may publish the notice electronically
in the
newspaper's electronic edition.

(b) Posting in at least three conspicuous public
places in the territory proposed to be annexed.�
If the
territory proposed to be annexed consists of a single parcel and the parcel is
not more than one hundred sixty acres in size, the city or town may post a
single notice on the site of the parcel that is proposed to be annexed in an
area that is most visible to the public.

(c) Notice by first class mail sent to the
chairperson of the board of supervisors of the county in which the territory
proposed to be annexed is located.

(d) Notice by first class mail with an accurate map
of the territory proposed to be annexed sent to each owner of the real and
personal property as shown on the statement furnished pursuant to subsection
G

H
of this section that would be
subject to taxation by the city or town in the event of annexation in the
territory proposed to be annexed. For the purposes of this
subdivision, "real and personal property" includes mobile, modular
and manufactured homes and trailers only if the owner also owns the underlying
real property.

4. Within one year after the last day of the thirty-day
waiting period, a petition in writing signed by the owners of one-half or
more in value of the real and personal property and more than one-half of
the persons owning real and personal property that would be subject to taxation
by the city or town in the event of annexation, as shown by the last assessment
of the property, may be circulated and filed in the office of the county
recorder. For the purposes of this paragraph, "real and
personal property" includes mobile, modular and manufactured homes and
trailers only if the owner also owns the underlying real property.

5. Alterations increasing or reducing the territory
sought to be annexed shall not be made after a petition has been signed by a
property owner.

6. The petitioner shall determine and submit a sworn
affidavit verifying that no part of the territory for which the filing is made
is already subject to an earlier filing for annexation. The county
recorder shall not accept a filing for annexation without the sworn affidavit.

7. The city or town shall provide
notice as prescribed in section
48-813 if any
part o
r
all of the territory of a fire district is part of

48-813 if any part of all of the territory of a
fire district is part of
the territory that is proposed to be
annexed.

B. If the territory proposed to be
annexed encompasses the real and personal property of the property owner who
initiates the annexation and that property represents one hundred percent of
the real and personal property that would be subject to taxation by the city or
town in the event of annexation, both of the following apply:

1. The city or town may waive the
requirement for a thirty-day waiting period requirement pursuant to subsection
A, paragraph 2 of this section and the requirement to hold a public hearing
pursuant to subsection A, paragraph 3 of this section.� On obtaining the
statement that contains the ownership information pursuant to subsection H of
this section, the city or town may file a signed petition with the county
recorder in the county where the territory proposed to be annexed is located
not later than one year after the city or town files for annexation.

2. the ANNExation shall become final
after the governing body of the city or town adopts the annexation ordinance.

B.

C.
All
information contained in the filings, the notices, the petition, the tax and
property rolls and other matters regarding a proposed or final annexation shall
be made available by the appropriate official for public inspection during
regular office hours.

C.

D.
Any
city or town, the attorney general, the county attorney or any other interested
party within the territory
proposed
to be annexed may on
verified petition move to question the validity of the annexation for failure
to comply with this section. The petition shall set forth the manner
in which it is alleged the annexation procedure was not in compliance with this
section and shall be filed within thirty days after adoption of the ordinance
annexing the territory by the governing body of the city or town and not
otherwise. The burden of proof shall be on the petitioner to prove
the material allegations of the verified petition. An action shall
not be brought to question the validity of an annexation ordinance unless
brought within the time and for the reasons provided in this
subsection. All hearings provided by this section and all appeals
therefrom shall be preferred and heard and determined in preference to all
other civil matters, except election actions. If more than one
petition questioning the validity of an annexation ordinance is filed, all such
petitions shall be consolidated for hearing. If two or more cities
or towns show the court that they have demonstrated an active interest in
annexing any or all of the area proposed for annexation, the court shall
consider any oral or written agreements or understandings between or among the
cities and towns in making its determination pursuant to this subsection.

D.

E.
The
annexation shall become final after the expiration of thirty days after the
adoption of the ordinance annexing the territory by the city or town governing
body, provided the annexation ordinance has been finally adopted in accordance
with procedures established by statute, charter provisions or local ordinances,
whichever is applicable, subject to the review of the court to determine the
validity of the annexation ordinance if petitions in objection have been
filed. After adoption of the annexation ordinance, the clerk of the
city or town shall provide a copy of the adopted annexation ordinance to the
clerk of the board of supervisors of each county that has jurisdiction over the
annexed area within sixty days after the annexation becomes final.

E.

F.

For the purpose of determining

To determine
the
sufficiency of the percentage of the value of property under this section, the
values of property shall be determined as follows:

1. In the case of property assessed by the county
assessor, values shall be the same as shown by the last assessment of the
property.

2. In the case of property valued by the department
of revenue, values shall be appraised by the department in the manner provided
by law for municipal assessment purposes.

F.

G.

For the purpose of determining

To determine
the
sufficiency of the percentage of persons owning property under this section,
the number of persons owning property shall be determined as follows:

1. In the case of property assessed by the county
assessor, the number of persons owning property shall be as shown on the last
assessment of the property.

2. In the case of property valued by the department
of revenue, the number of persons owning property shall be as shown on the last
valuation of the property.

3. If an undivided parcel of property is owned by
multiple owners, those owners are deemed one owner for the purposes of this
section.

4. If a person owns multiple parcels of property,
that owner is deemed one owner for the purposes of this section.

G.

H.
The
county assessor and the department of revenue, respectively, shall furnish to
the city or town proposing an annexation, within thirty days after a request, a
statement in writing showing the owner, the address of each owner and the
appraisal and assessment of all such property.

H.

I.
Territory
is not contiguous for the purposes of subsection A, paragraph 1 of this section
unless:

1. It adjoins the exterior boundary of the annexing
city or town for at least three hundred feet.

2. It is, at all points, at least two hundred feet
in width, excluding rights-of-way and roadways.

3. The distance from the existing boundary of the
annexing city or town where it adjoins the annexed territory to the furthest
point of the annexed territory from that boundary is not more than twice the
maximum width of the annexed territory.

I.

j.
A
city or town shall not annex territory if, as a result of that annexation,
unincorporated territory is completely surrounded by the annexing city or town
or a combination of the annexing city or town and other cities or towns, unless
the county board of supervisors for the county in which the territory is
located makes a finding that the proposed annexation will not adversely impact
the levels of county services to the remaining unincorporated territory.

J.

K.
Notwithstanding any provisions of this article to
the contrary, any town incorporated before 1950 that had a population of less
than two thousand persons by the 1970 census and that is bordered on at least
three sides by Indian lands may annex by ordinance territory owned by
the

this
state within the same county for
a new townsite that is not contiguous to the existing boundaries of the town.

K.

l.
Subsections

H

I
and
I

J
of this section do not apply to territory that at the
time of the annexation was already completely surrounded by the same city or
town or a combination of cities and towns.
�
Subsection I of this section does not apply to territory that at the
time of the annexation was adjacent in any way to the same city or town and was
owned by the same city or town.

L.

M.
Subsection

I
j
of this section does not
apply to annexations that were approved by the selection board established in
section 37-202 before August 25, 2020.

M.

N.
A
city or town annexing an area shall adopt zoning classifications that permit
densities and uses not greater than those permitted by the county immediately
before annexation. Subsequent changes in zoning of the annexed
territory shall be made according to existing procedures established by the
city or town for the rezoning of land.

N.

O.
The
annexation of territory within six miles of territory included in a pending
incorporation petition filed with the county recorder pursuant to section 9-101.01,
subsection D shall not cause an urbanized area to exist pursuant to section 9-101.01
that did not exist before the annexation.

O.

P.
As
an alternative to the procedures established in this section, a county right-of-way
or roadway may be transferred to an adjacent city or town by mutual consent of
the governing bodies of the county and city or town if the property transferred
is adjacent to the receiving city or town and if the city or town and county
each approve the proposed transfer as a published agenda item at a regular
public meeting of their governing bodies. A transfer of property
made pursuant to this subsection shall be treated by the receiving city or town
as if the transferred property was newly annexed territory.

P.

Q.
On
or before the date the governing body adopts the ordinance annexing territory,
the governing body shall have approved a plan, policy or procedure to provide
the annexed territory with appropriate levels of infrastructure and services to
serve anticipated new development within ten years after the date the
annexation becomes final pursuant to subsection
D

E
of this section.

Q.

r.
If
a property owner prevails in any action to challenge the annexation of the
property owner's property, the court shall allow the property owner reasonable
attorney fees and costs relating to the action from the annexing municipality.

R.

S.
A
city or town may annex territory that is a county-owned park or a park
operated on public lands by a county as part of a management agreement if
otherwise agreed to by the board of supervisors.� If the board of supervisors
does not agree to the annexation, the county-owned park or park operated
on public lands by a county as part of a management agreement shall be excluded
from the annexation area, notwithstanding subsections
H

I
and
I

J

of this section. A county-owned park or park operated on public
lands by a county as part of a management agreement that is excluded from the
annexation area pursuant to this subsection may subsequently be annexed with
the permission of the board of supervisors notwithstanding any other provision
of this section. For the purposes of this subsection, "public
lands":

1. Has the same meaning prescribed in section 37-901.

2. Does not include lands owned by a flood control
district.

S.

t.
Notwithstanding
subsection
H

I
of this
section, territory is considered contiguous for the purposes of subsection A,
paragraph 1 of this section if all of the real property in the territory is
owned by one person, the city or town and the owner of the real property agree
to the annexation and the territory adjoins the exterior boundary of the
annexing city or town for at least three hundred feet.

T.

U.
A
city, town or developer may enter into a pre-annexation agreement with a
property owner in which the property owner agrees to future annexation of an
area that includes the property owner's property.� A property owner who has
entered into a pre-annexation agreement is not required to sign the petition
pursuant to subsection A, paragraph 4 of this section. Whether or
not the property owner signs the petition, the property and property owner are
included for purposes of calculating the one-half or more in value of the real
and personal property and more than one-half of the persons owning real and
personal property that would be subject to taxation by the city or town in the
event of the annexation, as required pursuant to subsection A, paragraph 4 of
this section.
END_STATUTE