House advances bill to change city de-annexation process

Proposal gives city residents living on county borders an easier path.

The Georgia House of Representatives approved a proposal to give city residents living on county borders an easier way to secede from their city — a process known as de-annexation.

The proposal passed with fewer allowances than originally proposed.

Rep. Brad Thomas, the sponsor of House Bill 374, agreed to tighten the proposal that now gives residents a way to de-annex through the county government, instead of the city, only if they have 100% support of the property owners of the given area. It also limits each petition to a maximum of 10 parcels.

If the county approves of the de-annexation request, the city

must allow it unless it can show detriment to the residents’ health, welfare or safety, taking away the city’s unilateral ability to deny a de-annexation. Residents will still be able to pursue the current

de-annexation options through the city government or the state Legislature.

The bill initially expanded de-annexation powers more significantly, but it received pushback

from lawmakers and lobbyists in committee hearings who said it could be “destabilizing” for cities.

Thomas, R-holly Springs, said he brought the bill to help residents hold city officials accountable if they are unhappy with the services funded by their tax dollars.

“This is a property rights issue,” Thomas said. ”If your citizens are happy, and they live inside the city, and you’re providing them with the services, and you can justify your taxes, they’re gonna want to stay.”

Rusi Patel with the Georgia Municipal Association pushed back against the original bill because of the potential impact larger de-annexations could have on city financial planning, especially if cities lose significant portions of their tax bases.

While the changes to the bill are going in the right direction to limit large de-annexations, there are still some concerns, Patel said.

“It’s limited to up to 10 parcels, but there’s not a limitation on how many times that can happen,” Patel said. “While it might slow things down, you can still chip away at the city.”

ARVIN TEMKAR/ARVIN.TEMKAR@AJC.COM Legislators stand during an announcement at the House of Representatives in Atlanta on Tuesday. The Georgia House voted on Monday to approve House Bill 374, giving city residents another method to de-annex.