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HB0247 • 2025

Annexation requirements.

AN ACT relating to cities and towns; requiring written approval from a simple majority of all landowners owning a parcel of the land in an area before that area is annexed into a municipality; modifying annexation finding requirements; modifying notice requirements to landowners; specifying cost estimates required; specifying when an annexing ordinance is void; amending the length of time to appeal an annexing ordinance; repealing limits on incorporation of urban areas; specifying applicability; and providing for an effective date.

Land
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Styvar
Last action
2025-02-03
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The bill did not pass and was not considered for introduction, so its provisions are not in effect.

Annexation Requirements

This act changes how areas can be annexed into cities or towns in Wyoming, requiring written approval from a majority of landowners and modifying notice requirements.

What This Bill Does

  • Requires written approval from a simple majority of all landowners owning parcels within the area before it is annexed into a city or town.
  • Modifies notice requirements to ensure that landowners receive detailed information about proposed annexations at least twenty business days before public hearings.
  • Specifies cost estimates for infrastructure improvements related to the annexation must be provided upon request by affected parties ten days prior to the hearing.
  • Changes the time limit for appealing an annexing ordinance from sixty days to one hundred twenty days after its effective date.

Who It Names or Affects

  • Landowners whose properties are within areas proposed for annexation by cities or towns in Wyoming.
  • Cities and towns that wish to annex new territories.

Terms To Know

Annexation
The process of adding land to an existing city or town.
Landowner approval
Written consent from a majority of landowners in the area proposed for annexation.

Limits and Unknowns

  • This bill did not pass and was not considered for introduction.
  • The bill's provisions would only apply to proposed annexations initiated on or after its effective date, which is March 1, 2025 (if it had passed).

Bill History

  1. 2025-02-03 House

    H Did not Consider for Introduction

  2. 2025-01-20 House

    H Received for Introduction

  3. 2025-01-17 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
25LSO-0350
2025
STATE OF WYOMING
25LSO-0350
Numbered
2.0

HOUSE BILL NO. HB0247

Annexation requirements.

Sponsored by: Representative(s) Styvar, Angelos, Brown, G and Wharff and Senator(s) McKeown

A BILL

for

AN ACT relating to cities and towns; requiring written approval from a simple majority of all landowners owning a parcel of the land in an area before that area is annexed into a municipality; modifying annexation finding requirements; modifying notice requirements to landowners; specifying cost estimates required; specifying when an annexing ordinance is void; amending the length of time to appeal an annexing ordinance; repealing limits on incorporation of urban areas; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 15
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1
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402(a)(intro), (v), (vi), by creating a new paragraph (vii) and (e) and 15
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1
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409(b) and (c) are amended to read:

15
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1
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402.

Annexing territories; findings required; when contiguity not deemed affected; annexation report; landowner approval before annexation.

(a)

Before any territory is eligible for annexation, the governing body of any city or town at a hearing as provided in W.S. 15
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1
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405 shall find
that
all of the following
:

(v)

If the city or town does not own or operate its own electric utility, its governing body is prepared to issue one (1) or more franchises as necessary to serve the annexed area pursuant to W.S. 15
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1
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410;
and

(vi)

The annexing city or town, not less than twenty (20) business days
prior to
before
the public hearing required by W.S. 15
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1
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405(a), has sent by certified mail to all landowners and affected public utilities within the territory and by first class mail to any persons owning property that is adjacent to or within
three hundred (300)
five hundred fifty (550)
feet of the territory proposed to be annexed, regardless of whether the property is inside or outside the corporate limits of the annexing city or town and regardless of whether the city or town is exercising authority under W.S. 15
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3
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202(b)(ii)
,

written notice containing the following:

(A)

A
summary of the proposed annexation report as required under subsection (c) of this section
;

(B)

Notice of the need to respond in writing not later than five (5) days before the date of the public hearing required by W.S. 15
‑
1
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405(a) if the landowner approves or opposes the proposed annexation unless approval is not required under paragraph (vii) of this subsection;

(C)

Notice of the opportunity to request an estimate of required infrastructure improvement costs under subsection (e) of this section;
and

(D)

N
otice of the time, date and location of the public hearing required by W.S. 15
‑
1
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405(a).

(vii)

Except as otherwise provided in this paragraph, not less than a majority of all landowners owning a parcel of the area sought to be annexed, excluding public streets, alleys and tax exempt property, have approved in writing the proposed annexation by responding to the written notice in paragraph (vi) of this subsection. Failure to respond to the notice under paragraph (vi) of this subsection as provided in subparagraph (vi)(B) of this subsection shall be considered an approval of the proposed annexation. This paragraph shall not apply if the area sought to be annexed is entirely within the corporate limits of the annexing city or town.

(e)

Before any territory is eligible for annexation the governing body shall prepare for each landowner and affected public utility so requesting in writing, the estimated cost of infrastructure improvements required of the landowner and affected public utility related to the annexation. The request shall be made to the clerk of the annexing municipality not less than ten (10) days prior to the public hearing required by W.S. 15
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1
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405(a). The estimate shall be provided to the landowner and affected public utility prior to the hearing. The actual costs for the infrastructure improvements shall not exceed the estimated cost provided under this subsection by more than four percent (4%).

The actual costs for the infrastructure improvements shall not exceed the estimated cost provided under this subsection by more than four percent (4%).

15
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1
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409.

Annexing territories; appeal; determination; time for review; exclusiveness of appeal remedy.

(b)

If the court determines that the action taken was capricious or arbitrary, or if it appears from the evidence that the landowner's right in his property is being unwarrantedly invaded or that the governing body abused its discretion, the court shall declare the annexing ordinance void.

If the court determines the action of the governing body was proper and valid, it shall sustain the ordinance.
The court shall declare the annexing ordinance void if the court determines any of the following:

(i)

The action taken by the governing body was capricious or arbitrary;

(ii)

That the landowner's right in his property is being unwarrantedly invaded;

(iii)

That the governing body abused its discretion;

(iv)

That the governing body has failed to begin providing services or make public improvements to the annexed area within a reasonable time.

(c)

All proceedings to review the findings and the decisions of the governing body or actions to determine the validity of the annexation ordinance pursuant to the Uniform Declaratory Judgments Act shall be brought within
sixty (60)
one hundred twenty (120)
days of the effective date of the annexation ordinance, and if not brought within that time are forever barred.

Section 2.

W.S. 15
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411 is repealed.

Section 3
.

This act applies to any proposed annexation initiated on or after the effective date of this act.

Section 4
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0247