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![handle is hein.sag/sagfl0028 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: AGO 2005-01
Date: January 27, 2005
Subject: Annexation, calculation of ownership of land
Mr. George W. Baldwin
General Counsel, Village of North Palm Beach
Law Offices of Brant and Baldwin
330 Federal Highway
Lake Park, Florida 33403
RE: MUNICIPALITIES - ANNEXATION - ROADS - WATER BODIES - CONDOMINIUMS -
inclusion of certain private property in calculation of ownership of land
for municipal annexation.
Dear Mr. Baldwin:
As general counsel for the Village of North Palm Beach you have asked for
my opinion on substantially the following question:
Pursuant to section 171.0413(5), Florida Statutes, are privately owned
rights-of-way, water bodies, and condominiums to be considered in the
calculation of ownership of land by non-registered elector owners?
According to your letter, the Village of North Palm Beach is considering
involuntary annexation of areas contiguous to its borders under section
171.0413, Florida Statutes. The village has had its planning consultant
make a study of the proposed area, and the consultant advises that more
than 70 percent of the land might be owned by individuals, corporations or
legal entities that are not registered electors, depending on whether
privately owned rights-of-way, water bodies and condominium units owned by
non-registered electors are included in the calculation.
Chapter 171, Florida Statutes, is the Municipal Annexation or Contraction
Act. [1] Among the purposes of the act are to establish uniform procedures
for adjusting municipal boundaries through annexation or contraction of
corporate limits and to set forth criteria for determining when annexation
or contraction is appropriate.[2] To accomplish these goals, the act
provides general law standards and procedures for adjusting the boundaries
of Florida municipalities and acts as a preemption to the state regarding
legislation in this area.[3]
Section 171.0413, Florida Statutes, provides that a municipality may annex
contiguous, compact, unincorporated territory by using the procedures
described in the statute. The statute requires the governing body of a
municipality to adopt a nonemergency ordinance proposing the annexation of
the territory.[4] The ordinance does not become effective, however, until
at least 10 days after it has been approved by a majority of the
registered electors in the area proposed to be annexed.[5] If a majority
of the electors in the area to be annexed vote against annexation, the](ViewImageLocal?handle=hein.sag/sagfl0028&div=1&collection=&method=preview&ext=.png&size=3)