Luttrell backs voting on annexation

State agency studying referendum requirement

NASHVILLE — Shelby County Mayor Mark Luttrell told a state commission he believes residents should be allowed to vote on whether towns and cities can annex their areas, including residents of the annexation “reserve areas” of Shelby County’s seven municipalities.

“I think we all would agree that one of the fundamental principles of our democracy is the right of popular determination. Certainly, owning land and possession of property, you should have a say in how laws, rules and regulations are structured around the management of your property,” he told the Tennessee Advisory Commission on Intergovernmental Relations, or TACIR.

Tennessee is one of 17 states where referendums are not required in most cases before cities can annex new territory. But there is a growing push in the state legislature to change longstanding Tennessee law to require referendum approval for all annexations not requested by the affected landowners.

Lawmakers this year delayed action on several annexation bills but directed TACIR, a state research agency headed by a board of state, county and municipal officials and two citi- zen members, to study the matter and make recommendations to the 2014 legislative session in January. The 2013 legislature also imposed a moratorium through next spring on all new annexations.

TACIR is conducting hearings this week, including testimony from county officials on Wednesday and city officials

Thursday. Citizens who want referendums presented their cases last month.

Luttrell told the panel his interest grew last year with controversies over Memphis’ annexation of South Cordova, including tax bills for the whole year for an annexation effective for half the year, trash pickup and other services. Residents sued the city and launched a de-annexation effort that stymied when the election commission blocked a referendum on the grounds that state law requires any de-annexation referendum to be initiated by the city.

“As I watched the confusion, consternation and anxiety surrounding that, I just thought there’s got to be a more harmonious way of meeting the needs of all concerned,” Luttrell said. As a result — and in preparation for his TACIR presentation — the mayor said he spoke with the mayors of all seven Shelby cities and local planners to gather information.

“There seems to be a general consensus that annexation by referendum is preferred, and I’ll start by saying that’s my position. I do think that being one of the few states that has not embraced annexation by referendum, that we’re somewhat behind the eight ball and that we could in large part relieve a great deal of the anxiety surrounding any annexation by moving forward with annexation by referendum,” he said.

“(With) our current process, there are serious questions about whether due process is followed when major decisions are made and people who are affected by those decisions do not have input into that process. I think many consider that a flaw in the system.”

He warned that several details must be considered, including how to protect towns and cities whose taxpayers fund expansion of utilities and roads into areas outside their boundaries but where residents later reject annexation.

That concern was echoed by Sen. Jim Kyle, D-Memphis, a member of the commission. “It seems to me we don’t want to do anything that would put a chilling affect on development, in the sense that a municipality may not go forward with infrastructure improvements because they don’t have any assurance that they’re going to recoup their investment.” He cited Memphis’ extension of sewer lines into the Gray’s Creek area of eastern Shelby County, where the city has placed annexation plans on hold.

“If a referendum fails, who picks up the tab?” Kyle asked.