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An Act
ENROLLED HOUSE
BILL NO. 1166 By: Kelley, Miller, and
Steagall of the House
and
Howard, Murdock, Bullard,
and Sacchieri of the Senate
An Act relating to cities and towns; amending 11 O.S.
2021, Section 21-103, which relates to procedures for
annexation; modifying procedure for annexation of
territory without the consent of majority of owners;
modifying detachment procedures; prohibiting
municipalities from attaching ad valorem taxes to an
annexed area for sinking fund to satisfy certain
judgment; limiting annexation of certain sized land
areas unless municipality obtains written consent of
certain percentage of owners and population; amending
11 O.S. 2021, Section 21-110, which relates to
procedures for detachment of municipal territory;
permitting detachment when certain conditions are
met; amending 11 O.S. 2021, Section 21-111, which
relates to liability of detached territory;
prohibiting owners of land detached from a
municipality from petitioning for annexation for ten
years after detachment; and providing an effective
date.
SUBJECT: Cities and towns
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 21-103, is
amended to read as follows:
Section 21-103. A. Before the governing body of a city or town
may annex any territory adjacent or contiguous to the city or town,
it must obtain the written consent of the owners of at least a
ENR. H. B. NO. 1166 Page 2
majority of the acres to be annexed to the municipality and provide
for notice and a public hearing on the proposed annexation of the
territory in the manner provided in subsection B of this section.
The annexation of land by a connecting strip serving no municipal
purpose other than to establish statutory contiguity or
adjacentness, or to capture territory within the area to be annexed,
constitutes an impermissible exercise of state-delegated authority
by a municipality and shall be prohibited. Municipalities with a
population of twelve thousand (12,000) or less may only annex up to
eight (8) square miles in one area at any one time provided the
municipality obtains the written consent of the owners of at least
sixty-five percent (65%) of the acres to be annexed and twenty-five
percent (25%) of the population to be annexed.
B. The governing body shall provide the notice and public
hearing required in subsection A of this section in the following
manner:
1. The governing body of the municipality shall direct that
notice of the proposed annexation of the territory be published in a
legally qualified newspaper of general circulation in the territory
and shall describe the boundaries of the territory proposed to be
annexed by reference to a map, geographical locations, legal or
physical description or other reasonable designation. The notice
shall state the date, time, and place the governing body shall
conduct a public hearing on the question of annexing the territory.
The notice shall be published in a legal newspaper of general
circulation in the territory sought to be annexed within fourteen
(14) days following the date the governing body directed the notice
to be published;
2. A copy of the notice of annexation shall be mailed by first-
class mail to all owners of property to be annexed as shown by the
current year's ownership rolls in the office of the county treasurer
and to all owners of property abutting any public right-of-way that
forms the boundary of the territory proposed to be annexed and to
the Sales and Use Tax Division of the Oklahoma Tax Commission;
provided that the notice of annexation shall be mailed by certified
mail to every person who owns a parcel of land of five (5) acres or
more used for agricultural purposes; and
3. The public hearing of such annexation shall be held no
earlier than fourteen (14) days nor more than thirty (30) days
following the publication and mailing of the notice.
ENR. H. B. NO. 1166 Page 3
C. Unless otherwise provided by law, a roadway or road right-
of–way that is adjacent or contiguous to the territory to be annexed
shall be considered a part and parcel to the territory to be
annexed.
D. 1. Before any territory is annexed to a municipality,
without the written consent of the owners of at least a majority of
the acres to be annexed to the municipality in accordance with
subsection A of this section, the governing body of the municipality
shall direct that notice of the proposed annexation of the territory
be published in a legally qualified newspaper of general circulation
in the territory and shall hold a public hearing on the proposed
annexation. Prior and prior to the publication of notice pursuant
to subsection B of this section, the municipality shall prepare a
plan to extend municipal services including, but not limited to,
water, sewer, fire protection, law enforcement and the cost of such
services appropriate to the proposed annexed territory. The plan
shall be included in the notices published and mailed pursuant to
subsection B of this section. The plan shall provide that the
municipality complete the implementation of the plan in accordance
with any existing capital improvement plan applicable to the portion
of the municipality adjacent to the territory proposed to be
annexed. If no such capital improvement plan has been adopted, the
municipality shall complete the service plan within one hundred
twenty (120) months from the date of annexation unless a different
time is determined by consensus between property owners and the
municipality at the hearing. The time for completion of the service
plan shall be set forth in the ordinance annexing the territory. If
municipality services are not substantially complete within the
prescribed time, then the territory shall be detached by the
governing body affected owners may either directly petition a court
of competent jurisdiction for enforcement of completion of the
planned services or may bring a process for detachment as provided
in Section 21-110 of this title. For purposes of this subsection,
services may be provided by any method or means available to the
municipality to extend municipal services to any other area of the
city or town. Such notice, hearing and plan shall be subject to the
following provisions:
1. The notice shall describe the boundaries of the territory
proposed to be annexed by reference to a map, geographical
locations, legal or physical description or other reasonable
designation and shall state that the proposed service plan is
available for inspection at a specified location. The notice shall
state the date, time, and place when the governing body shall
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conduct a public hearing on the question of annexing the territory.
The notice shall be published in a legal newspaper of general
circulation in the territory sought to be annexed within fourteen
(14) days following the date the governing body directed the notice
to be published. A copy of the notice of annexation shall be mailed
by first-class mail to all owners of property to be annexed as shown
by the current year's ownership rolls in the office of the county
treasurer and to the Department of Transportation for purposes of
clarifying any road maintenance responsibilities; provided that the
notice of annexation shall be mailed by certified mail to every
person who owns parcel of land of five (5) acres or more used for
agricultural purposes and to the board of county commissioners of
the respective county where the proposed annexation is located. If
the territory to be annexed encroaches upon any adjacent county, a
copy of the notice of annexation shall be mailed by first-class mail
to the board of county commissioners of the adjacent county and of
the county where the proposed annexation is located;
2. The public hearing of such annexation shall be held no
earlier than fourteen (14) days nor more than thirty (30) days
following the publication and mailing of the notice; and
3. The proposed service plan shall be available for inspection
and be explained to the property owners of the territory to be
annexed at the public hearing. The plan may be amended through
negotiation at the hearing. The final service plan shall be
incorporated into and made part of the ordinance annexing the
territory. If the municipality fails to detach pursuant to Section
21-110 of this title, then the majority of the annexed territory's
registered voters may file a petition with the municipality to
detach the territory. The petition shall include a legal
description of the area to be detached, contain a plat or similar
depiction of the area and detail the reason for detachment. The
territory petitioned to be detached shall not be platted as a
subdivision of the municipality to which it is seeking to be
detached, shall have at least one border not within the municipality
limits to which the property is seeking to be detached, and shall
plead the allegations of failure of the municipality to
substantially complete the services set forth in the annexation.
Such petition shall be filed with the municipal clerk. If the
municipality fails or refuses to detach the area within ninety (90)
days of receipt of the petition, any of the petitioners may bring a
cause of action in district court to request detachment. The
district court shall enter an order detaching the property if the
court finds a valid petition was filed with the municipality and the
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municipality failed to perform its obligations in accordance with
the service plan.
E. Subject to the requirements of subsections A and B of this
section, if the municipality fails to reach the thresholds of
consent of owners, a municipality may annex a territory which is
bordered by at least fifty percent (50%) by property within
municipal limits without such consent in the limited circumstance
where the governing board proves beyond a preponderance of the
evidence that the annexation will provide more benefit to all owners
than being excluded. Owners can refute more benefit by showing
lower current utility rates, trash rates, or sanitation rates than
rates offered by the municipality. For emergency services, owners
can show response time comparisons and costs of service. Any
determination of less benefit shall result in a judgment for the
owners. The board shall also show that all municipal services
offered to all other municipal residents will be provided to the
territory within one hundred twenty (120) months from the date of
annexation, unless otherwise prohibited by law. To prove such
benefit, the municipality shall petition a court of competent
jurisdiction and provide service to every person entitled to notice
under subsection A of this section. Owners in the territory shall
be permitted no less than thirty (30) days from the date of service
to present a defense. No municipality may bring a forced annexation
under this subsection more often than once per year.
F. In any situation where the territory to be annexed by any
city or town includes land owned by a state beneficiary public trust
or that was previously owned and conveyed by a state beneficiary
public trust, annexation shall not be carried out under the
provisions of subsection D of this section, but instead shall
require the written consent of all of said trust and transferees of
said trust.
F. G. The prevailing property owner in an annexation dispute
shall be entitled to court costs and reasonable attorney fees,
including, but not limited to, when a municipality withdraws,
revokes or otherwise reverses the ordinance at issue in response to
litigation before issuance of a final judgment.
G. H. A municipality shall not attach ad valorem taxes to an
annexed area for a sinking fund to satisfy any judgment as provided
by law if the annexed area was not part of the municipality at the
time of the judgment.
ENR. H. B. NO. 1166 Page 6
I. As used in this section:
1. "Airport" means any facility owned by any legal entity or by
a county, a municipality or a public trust having at least one
county or municipality as its beneficiary which is used primarily
for the purpose of providing air transportation of persons or goods
or both by aircraft powered through the use of propellers,
turboprops, jets or similar propulsion systems;
2. "Military installation" means those facilities constituting
the active or formerly active bases owned by the Department of
Defense or other applicable entity of the United States government
or by any entity of local government after transfer of title to such
installation; and
3. "Spaceport" means any area as defined pursuant to Section
5202 of Title 74 of the Oklahoma Statutes.
H. J. Except for ordinances enacted pursuant to Section 43-
101.1 of this title, parcels of land five (5) acres or more used for
agricultural purposes annexed into the municipal limits on or after
July 1, 2003, or parcels of land forty (40) acres or more used for
agricultural purposes prior to annexation and have continued in
uninterrupted agriculture use annexed into the municipal limits
shall be exempt from ordinances restricting land use and building
construction to the extent such land use or construction is related
to agricultural purposes. Where there is no residence within fifty
(50) feet of the boundaries of such a parcel of land, the property
shall not be subject to ordinances regulating conduct that would not
be an offense under state law; provided, that any such property that
discharges into the municipal water, wastewater, or sewer system
shall be subject to any ordinances or regulations related to
compliance with environmental standards for that system.
I. K. Parcels of land situated within an area that is or may be
subject to any form of land use or other regulatory control as a
result of proximity to an airport, spaceport or military
installation shall not be exempt from municipal ordinances or other
laws regulating property for the purpose of operations necessary for
the use of an airport, spaceport or military installation and such
parcels of land shall be subject to all ordinances enacted pursuant
to Section 43-101.1 of this title.
J. L. If territory is annexed pursuant to this section, the
annexing governing body shall provide notice by first-class mail
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together with a map and plat of the annexed territory to the Sales
and Use Tax Division of the Oklahoma Tax Commission prior to the
effective date of such annexation. The Tax Commission shall notify
the known sales tax vendors within the boundaries of the annexed
territory as provided by Section 119 of Title 68 of the Oklahoma
Statutes.
M. No municipality may annex more than the greater of ten
percent (10%) of its current land area or eight (8) square miles in
one area at any one time unless the municipality obtains the written
consent of the owners of at least sixty-five percent (65%) of the
acres to be annexed and twenty-five percent (25%) of the population
to be annexed.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 21-110, is
amended to read as follows:
Section 21-110. A. Territory may be detached from the
corporate limits of a municipality by the governing body when:
1. An ordinance of the governing body so directs; or
2. The municipality has failed to substantially complete
provision of services as required when the territory was annexed; or
3. A petition requesting detachment, signed by at least
three-fourths (3/4) of the registered voters and by the owners of at
least three-fourths (3/4), in value, of the property to be detached,
is filed with the governing body that is either:
a. signed by at least three-fourths (3/4) of the
registered voters and by the owners of at least
three-fourths (3/4), in value, of the property to be
detached, or
b. in the case of detachment for failure to substantially
complete provision of services as required by Section
21-103 of this title, upon petition requesting
detachment signed by a majority of the owners of the
property to be detached.
Only land which is within the limits of the municipality and
upon its border and not laid out in lots and blocks, or land which
had been annexed to a municipality, may be detached by petition.
ENR. H. B. NO. 1166 Page 8
B. Petitioners for detachment of municipal territory shall
comply with the following procedures:
1. A true and complete unsigned copy of the petition requesting
detachment shall be filed with the clerk of the municipality before
it is circulated and signed by at least three-fourths (3/4) of the
registered voters and by the owners of at least three-fourths (3/4),
in value, of the property to be detached, as required by subsection
A of this section;
2. Signed copies of the petition requesting detachment shall be
filed with the clerk of the municipality within ninety (90) days
after the initial filing of the unsigned copy with the clerk; and
3. Notice of the filing of the signed petition requesting
detachment with the clerk of the municipality shall be given in the
same manner provided for petitions requesting annexation.
Failure to comply with the notice requirement or the other
procedures set forth in this subsection shall render the petition
for detachment insufficient and no action thereon shall be required
by the clerk or governing body of the municipality.
C. When signed copies of the petition requesting detachment are
timely filed with the clerk of the municipality, the clerk shall
determine the sufficiency of the signatures appearing on the
petition. The clerk shall then publish, in at least one newspaper
of general circulation in the municipality, a notice of the filing
and the apparent sufficiency or insufficiency of the petition.
Within ten (10) days following the publication, the governing body
of the municipality shall hold a public hearing on the petition
requesting detachment and take such action thereon as the governing
body deems appropriate, which may include approval, denial, or
deferral.
D. Appeal to the district court concerning any action by the
clerk or governing body of the municipality on a petition requesting
detachment shall be in the same manner provided for petitions
requesting annexation.
SECTION 3. AMENDATORY 11 O.S. 2021, Section 21 -111, is
amended to read as follows:
Section 21-111. Any lands detached from a municipality and the
owners thereof shall be liable to the municipality only for the cost
ENR. H. B. NO. 1166 Page 9
of public improvements which may have been constructed on the
detached lands at the expense of the municipality. The municipality
shall have no claim upon nor collect any tax from the detached
territory for any public debt or the cost of any public improvements
which have not been expended directly upon the detached lands. No
owners of land detached from a municipality may petition for
annexation to the municipality from which the land was detached for
ten (10) years after detachment.
SECTION 4. This act shall become effective November 1, 2025.
ENR. H. B. NO. 1166 Page 10
Passed the House of Representatives the 28th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________