Municipal Government

Plain English Breakdown

The official source material does not provide specific enforcement mechanisms.

Changes to Deannexation Rules for Agricultural Land

This bill modifies Tennessee's rules about deannexing agricultural land under specific conditions.

What This Bill Does

• Allows owners of farmland in areas annexed by a city without their permission to petition the city to remove that land if it doesn't create an isolated area outside the city limits, except for farmland with permanent conservation agreements.
• Includes businesses owned mainly by people who were eligible when the property was annexed or their direct descendants as those who can petition for deannexation.

Who It Names or Affects

• Owners of farmland in areas previously annexed by cities without their permission.
• Businesses that own farmland and meet certain ownership criteria.
• Cities and municipalities in Tennessee.

Terms To Know

deannexation

The process of removing land from a city's boundaries.

permanent conservation easement

An agreement that permanently protects land for natural, agricultural, or other open space uses.

Limits and Unknowns

• Does not specify how the changes will be enforced.
• The bill does not address deannexation of non-agricultural property.
• It is unclear what happens if a petition for deannexation is denied.

Official Summary Text

Present law authorizes o
wners of real property used primarily for agricultural purposes who reside in a territory previously annexed by ordinance that was not annexed through a referendum or a request of the property owner
to
petition the municipality to deannex such property, if
(i) the
deannexation of the property does not create an area of unincorporated territory that is completely surrounded by municipal boundaries; and
(ii) the
owner of some or all
of the property at the time the petition is made is the same owner or owners
as when the property was annexed or a direct descendant

of the person who owned the property at the time of annexation.

This bill revises condition (i) above by excluding such real property that is under a permanent conservation easement and revises con
dition (ii) above by including a business in which the majority ownership is held by individuals who qualify under this bill as the same owner or owners when the property was annexed or direct descendants of the person who owned the property at the time o
f
annexation.

Current Bill Text

HOUSE BILL 180
By Moody

SENATE BILL 1386
By Watson

SB1386
001704
- 1 -

AN ACT to amend Tennessee Code Annotated, Section 6-
51-201, relative to deannexation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 6-51-201(c)(1), is amended by
deleting the subdivision and substituting instead:
(1) Owners of real property used primarily for agricultural purposes who reside in
a territory previously annexed by ordinance that was not annexed through a referendum
or a request of the property owner may petition the municipality to deannex such
property, if:
(A) The deannexation of the property does not create an area of
unincorporated territory that is completely surrounded by municipal boundaries,
except for such real property that is under a permanent conservation easement;
and
(B) The owner of some or all of the property at the time the petition is
made is:
(i) The same owner or owners as when the property was
annexed;
(ii) A direct descendant of the person who owned the property at
the time of annexation. As used in this subdivision (c)(1)(B)(ii), "direct
descendant" means a child, grandchild, or sibling; or
(iii) A business in which the majority ownership is held by
individuals who qualify under subdivision (c)(1)(B)(i) or (c)(1)(B)(ii).

- 2 - 001704

SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.