MUNICIPAL CORPORATIONS
                                  CHAPTER 2
                       GENERAL PROVISIONS -- GOVERNMENT
                                 -- TERRITORY
    50-222.  ANNEXATION BY CITIES. (1) Legislative intent. The legislature
hereby declares and determines that it is the policy of the state of Idaho
that cities of the state should be able to annex lands which are reasonably
necessary to assure the orderly development of Idaho's cities in order to
allow efficient and economically viable provision of tax-supported and
fee-supported municipal services, to enable the orderly development of private
lands which benefit from the cost-effective availability of municipal services
in urbanizing areas and to equitably allocate the costs of public services in
management of development on the urban fringe.
    (2)  General authority. Cities have the authority to annex land into a
city upon compliance with the procedures required in this section. In any
annexation proceeding, all portions of highways lying wholly or partially
within an area to be annexed shall be included within the area annexed unless
expressly agreed between the annexing city and the governing board of the
highway agency providing road maintenance at the time of annexation. Provided
further, that said city council shall not have the power to declare such land,
lots or blocks a part of said city if they will be connected to such city only
by a shoestring or strip of land which comprises a railroad or highway
    (3)  Annexation classifications. Annexations shall be classified and
processed according to the standards for each respective category set forth
herein. The three (3) categories of annexation are:
    (a)  Category A: Annexations wherein all private landowners raise no
    objection to annexation, or annexations of any residential enclaved lands
    of less that [than] one hundred (100) privately-owned parcels,
    irrespective of surface area, which are surrounded on all sides by land
    within a city or which are bounded on all sides by lands within a city and
    by lands for which owner approval must be given pursuant to subsection
    (5)(b)(v) of this section, or which are bounded on all sides by lands
    within a city and by the boundary of the city's area of city impact.
    (b)  Category B: Annexations wherein:
         (i)   The subject lands contain less than one hundred (100) separate
         private ownerships and platted lots of record and where not all such
         landowners have consented to annexation; or
         (ii)  The subject lands contain more than one hundred (100) separate
         private ownerships and platted lots of record and where landowners
         owning more than fifty percent (50%) of the area of the subject
         private lands have evidenced their consent to annexation at the
         outset of the annexation process; or
         (iii) The lands are the subject of a development moratorium or a
         water or sewer connection restriction imposed by state or local
         health or environmental agencies; provided such lands shall not be
         counted for purposes of determining the number of separate private
         ownerships and platted lots of record aggregated to determine the
         appropriate category.
    (c)  Category C: Annexations wherein the subject lands contain more than
    one hundred (100) separate private ownerships and platted lots of record
    and where landowners owning more than fifty percent (50%) of the area of
    the subject private lands have not evidenced their consent to annexation
    at the outset of the annexation process.
    (4)  Evidence of consent to annexation. For purposes of this section,
prior consent to annex shall be deemed given when evidenced by written
authorization or approval executed by the owner or the owner's authorized
agent. Consent shall be implied for the area of all lands connected to a water
or wastewater collection system operated by the city and for lands subject to
a written consent to annex recorded in the county recorder's office. Written
consent to annex lands, if recorded in the county recorder's office, shall be
binding upon subsequent purchasers, heirs, or assigns of lands addressed in
the consent. Lands need not be contiguous or adjacent to the city limits at
the time the landowner consents to annexation for the property to be subject
to a valid consent to annex; provided however, no annexation of lands shall
occur, irrespective of consent, until such land becomes contiguous or adjacent
to such city.
    (5)  Annexation procedures. Annexation of lands into a city shall follow
the procedures applicable to the category of lands as established by this
section. The implementation of any annexation proposal wherein the city
council determines that annexation is appropriate shall be concluded with the
passage of an ordinance of annexation.
    (a)  Procedures for category A annexations: Lands lying contiguous or
    adjacent to any city in the state of Idaho may be annexed by the city if
    the proposed annexation meets the requirements of category A. Upon
    determining that a proposed annexation meets such requirements, a city may
    initiate the planning and zoning procedures set forth in chapter 65, title
    67, Idaho Code, to establish the comprehensive planning policies, where
    necessary, and zoning classification of the lands to be annexed.
    (b)  Procedures for category B annexations: A city may annex lands that
    would qualify under the requirements of category B annexation if the
    following requirements are met:
         (i)   The lands are contiguous or adjacent to the city and lie within
         the city's area of city impact;
         (ii)  The land is laid off into lots or blocks containing not more
         than five (5) acres of land each, whether the same shall have been or
         shall be laid off, subdivided or platted in accordance with any
         statute of this state or otherwise, or whenever the owner or
         proprietor or any person by or with his authority has sold or begun
         to sell off such contiguous or adjacent lands by metes and bounds in
         tracts not exceeding five (5) acres, or whenever the land is
         surrounded by the city. Splits of ownership which occurred prior to
         January 1, 1975, and which were the result of placement of public
         utilities, public roads or highways, or railroad lines through the
         property shall not be considered as evidence of an intent to develop
         such land and shall not be sufficient evidence that the land has been
         laid off or subdivided in lots or blocks. A single sale after January
         1, 1975, of five (5) acres or less to a family member of the owner
         for the purpose of constructing a residence shall not constitute a
         sale within the meaning of this section. For purposes of this
         section, "family member" means a natural person or the spouse of a
         natural person who is related to the owner by blood, adoption or
         marriage within the first degree of consanguinity;
         (iii) Preparation and publication of a written annexation plan,
         appropriate to the scale of the annexation contemplated, which
         includes, at a minimum, the following elements:
              (A)  The manner of providing tax-supported municipal services to
              the lands proposed to be annexed;
              (B)  The changes in taxation and other costs, using examples,
              which would result if the subject lands were to be annexed;
              (C)  The means of providing fee-supported municipal services, if
              any, to the lands proposed to be annexed;
              (D)  A brief analysis of the potential effects of annexation
              upon other units of local government which currently provide
              tax-supported or fee-supported services to the lands proposed to
              be annexed; and
              (E)  The proposed future land use plan and zoning designation or
              designations, subject to public hearing, for the lands proposed
              to be annexed;
         (iv)  Compliance with the notice and hearing procedures governing a
         zoning district boundary change as set forth in section 67-6511,
         Idaho Code, on the question of whether the property should be annexed
         and, if annexed, the zoning designation to be applied thereto;
         provided however, the initial notice of public hearing concerning the
         question of annexation and zoning shall be published in the official
         newspaper of the city and mailed by first class mail to every
         property owner with lands included in such annexation proposal not
         less than twenty-eight (28) days prior to the initial public hearing.
         All public hearing notices shall establish a time and procedure by
         which comments concerning the proposed annexation may be received in
         writing and heard and, additionally, public hearing notices delivered
         by mail shall include a one (1) page summary of the contents of the
         city's proposed annexation plan and shall provide information
         regarding where the annexation plan may be obtained without charge by
         any property owner whose property would be subject to the annexation
         (v)  In addition to the standards set forth elsewhere in this
         section, annexation of the following lands must meet the following
              (A)  Property, owned by a county or any entity within the
              county, that is used as a fairgrounds area under the provisions
              of chapter 8, title 31, Idaho Code, or  chapter 2, title 22,
              Idaho Code, must have the consent of a majority of the board of
              county commissioners of the county in which the property lies;
              (B)  Property, owned by a nongovernmental entity, that is used
              to provide outdoor recreational activities to the public and
              that has been designated as a planned unit development of fifty
              (50) acres or more and does not require or utilize any city
              services must have the express written permission of the
              nongovernmental entity owner.
         (vi)  After considering the written and oral comments of property
         owners whose land would be annexed and other affected persons, the
         city council may proceed with the enactment of an ordinance of
         annexation and zoning. In the course of the consideration of any such
         ordinance, the city must make express findings, to be set forth in
         the minutes of the city council meeting at which the annexation is
         approved, as follows:
              (A)  The land to be annexed meets the applicable requirements of
              this section and does not fall within the exceptions or
              conditional exceptions contained in this section;
              (B)  The annexation would be consistent with the public purposes
              addressed in the annexation plan prepared by the city;
              (C)  The annexation is reasonably necessary for the orderly
              development of the city;
         (vii) Notwithstanding any other provision of this section, railroad
         right-of-way property may be annexed pursuant to this section only
         when property within the city adjoins or will adjoin both sides of
         the right-of-way.
    (c)  Procedures for category C annexations: A city may annex lands that
    would qualify under the requirements of category C annexation if the
    following requirements are met:
         (i)   Compliance with the procedures governing category B
         annexations; and
         (ii)  Evidence of consent to annexation based upon the following
              (A)  Following completion of all procedures required for
              consideration of a category B annexation, but prior to enactment
              of an annexation ordinance and upon an affirmative action by the
              city council, the city shall mail notice to all private
              landowners owning lands within the area to be annexed, exclusive
              of the owners of lands that receive water or sewer service and
              owners of lands that are subject to a recorded consent to annex.
              Such notice shall invite property owners to either give written
              consent or express written opposition to the annexation, include
              a description of how that consent or opposition can be made and
              where it can be filed, and inform the landowners where the
              entire record of the subject annexation may be examined. Such
              mailed notice shall also include a legal description of the
              lands proposed for annexation and a simple map depicting the
              location of the subject lands.
              (B)  Each landowner desiring to consent to or oppose the
              proposed annexation must submit the consent or opposition, in
              writing, to the city clerk by a date specified in the notice,
              which date shall not be sooner than twenty-one (21) days after
              the date of the mailing of such notice.
              (C)  After the date specified in the notice for receipt of
              written consent or opposition, the city clerk shall compile and
              present to the city council a report setting forth: (i) the
              total physical area sought to be annexed, and (ii) the total
              physical area of the lands, as expressed in acres or square
              feet, whose owners have consented in writing to the annexation,
              plus the area of all lands receiving water or sewer service from
              the city and the area of all lands subject to a recorded consent
              to annex. Objections received after the conclusion of the
              twenty-one (21) day period shall not be considered unless the
              late objection is due to the city's failure to follow the
              procedures provided herein. Objections received from owners of
              lands subject to a recorded consent to annex, or from owners
              receiving water or sewer service from the city, shall not be
              considered objections for purposes of this section. The clerk
              shall report the results to the city council.
              (D)  Upon receiving such report, the city council shall review
              the results and may thereafter confirm whether consent was
              received from the owners of a majority of the land areas and
              those providing written consent, in addition to all lands
              subject to the implied consent provisions set forth herein and
              those subject to consent of record in the office of the county
              recorder. The results of the report shall be reflected in the
              minutes of the city council. If the report as accepted by the
              city council confirms that owners of more land area have
              consented to annexation than oppose such annexation, the city
              council may enact an ordinance of annexation, which thereafter
              shall be published and become effective according to the terms
              of the ordinance. If the report confirms that owners of more
              land area oppose annexation than consent to such annexation, the
              category C annexation shall not be authorized.
    (6)  The decision of a city council to annex and zone lands as a category
B or category C annexation shall be subject to judicial review in accordance
with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
to the standards set forth in section 67-5279, Idaho Code. Any such appeal
shall be filed by an affected person in the appropriate district court no
later than twenty-eight (28) days after the date of publication of the
annexation ordinance. All cases in which there may arise a question of the
validity of any annexation under this section shall be advanced as a matter of
immediate public interest and concern, and shall be heard by the district
court at the earliest practicable time.
    (7)  Annexation of noncontiguous municipal airfield. A city may annex land
that is not contiguous to the city and is occupied by a municipally owned or
operated airport or landing field. However, a city may not annex any other
land adjacent to such noncontiguous facilities which is not otherwise
annexable pursuant to this section.