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87 Tul. L. Rev. 297 (2012-2013)

handle is hein.journals/tulr87 and id is 323 raw text is: Localism and Involuntary Annexation: Reconsidering Approaches to New Regionalism Christopher J. Tyson* Involuntary annexation-the ability of cities to expand their tenitory unilaterally by extending their boundaries-is one of the most controversial devices m land use law It is under attack in virtually every state where it exists. Involuntary annexation is a drect threat to 'localism, the belief in sma, autonomous units of government as the optimnum forum for expressing democratic freedom, fostering community and organizing local government. Localism has been justifiably faulted with spurnng metropolitan fragmentation and the attendant challenges it creates for regional governance. This critique is at the center of 'New Regionalism, a movement of scholars and policy makers focused on promothig regional governance structures that respect the cultural daw of localism while correcting for its deficiencies New Regionalism emphasizes bottom-up, voluntaiy governance structues and dismisses approaches like involuntary annexation as politically infeasible Both types of approaches face considerable political challenges, but there are arguably more examples of well- functioning involuntary annexation regimes than there are successful models of New Regionahsm. While involuntary annexation has been critical to the success of metropoitan regions .n Texas and North Carolina, many regard it as a violation of the liberty and freedom that comes with property nghts. Property nghts are rooted in instinctive and cultually reinforced notions ofpersonal identity and the inviolability ofownersho. Localism extends this logic to municipal identity The hosility toward involuntary annexation, therefor, can be understood as a response to the taking ofapesonk perceivedneght to express individual identity group identity status, and owneshio through municipal identity his notion of municipal identity asproperty threatens to undermne both existing involuntary annexation regimes as well as futue New Regionalist proposals. While New Regionalism has well-reasonedjustifications for focusing on more-voluntary bottom-up governance structurs, involuntary annexaton remains a potent tool for facilitatig regional governance and is worthy of defense and preservation. I. INTRODUCTION........................................... 298 II. OVERVIEW AND HISTORY OF INVOLUNTARY ANNEXATION..........303 A. Indiana ......................................305 B. Kansas...................................... 307 * 0 2012 Christopher J. Tyson. Assistant Professor of Law, Paul M. Hebert Law Center, Louisiana State University. J.D., Georgetown University Law Center; M.PP, Harvard Kennedy School; B.Arch., Howard University. The author would like to thank the faculty of the Stetson School of Law for their very valuable feedback and commentary offered during a presentation of an earlier version of this work. The author would also like to thank John Costonis, Raymond Diamond, Jamie Fox, Lee Ann Lockridge, and Judith Wegner for offering critically important input and reading previous drafts of this work. Finally, the author thanks Benjamin Bartage, Brittan Bush, Barry Edwards, Joseph Manning, and Hansford Wogan for excellent research assistance. 297

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