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The residential developers have significantly influenced annexation policy in Ohio, as one would expect. Take a look at this if you want to know some of the details. Here is a summary of the types of annexation now available in Ohio:

  Regular Expedited
Type 1		 Expedited
Type 2		 Expedited
Type 3		 Municipal
% Landowners required to approve 51% 100%
(but likely to be only one - the developer)		 100%
(but likely to be only one - the developer)		 100%
(but likely to be only one - the developer)		 Municipality, County or State is the landowner
Maximum Acreage no max no max 500 no max no max
Economic development requirement? No No No Yes, $10 million capital investment and $1 million per year in new payroll No
Township Voice Twp may express approval or objection. Twp and municipality must negotiate agreement and submit with annexation petition Can object if not all conditions specified by law are satisfied. Can object if not all conditions specified by law are satisfied. None
Land remain in Twp? No Twp choice Twp choice Twp choice Yes
Notice Yes None required Yes Yes No
Hearings Yes Not required No Yes No
Commissioners' Choices May approve or reject Must approve Must approve if neither party objects. Must approve if all conditions specified by law are met. Must approve if neither party objects. Must approve if all conditions specified by law are met. Must approve if municipality owns land. Optional if county owns land. Must approve if State-owned and State approves
Appeal if approved? Yes No No No No
Appeal if denied? Yes No No Only by a landowner who signed original petition No

I suspect that most residential developers will select the Expedited Type 2 style of annexation because it doesn't allow the township to object to the annexation on any basis other than those specified in the law. This means the developer is negotiating with only one government entity, the annexing municipality, and is not subject to public debate. The land also remains in the township and remains subject to township property taxes, but remember that these are paid by the new homeowners once houses are built. The 500 acre restriction is not generally a problem as few developers own single tracts any larger than this.

So while many landowners in the Big Darby watershed object that the Big Darby Accord takes away their rights to reap the maximum value of their land (by selling to developers), this new annexation law takes away the rights of the people of the township and the county to object to an annexation petition. Note that am I not saying that township residents should have the right to block an annexation. My point is that neither the township residents, nor their elected township or county officials, have a voice in the matter!

 

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Last modified: 09/20/09