Annexation in Ohio is the process in which land which is in one political subdivision becomes part of another. Annexation usually relates to land which is in a township being made part of an adjacent city, although other forms of annexation also exist.
To be eligible for annexation, all land (or multiple parcels of land viewed as one for the purpose of annexation) must minimally be adjacent to, meaning touching, the city into which it would be annexed.
The Ohio legislature dramatically changed the annexation process in 2001, creating new forms of annexation and steps which must be completed to complete an annexation. For landowning people and businesses that want to annex land into a city, there are now four primary methods to consider:
(1) Regular Annexation Petition: A regular annexation petition involves a majority of the owners of the land to be annexed joining together to sign a petition requesting that the land be annexed. Because a regular annexation only needs a majority of landowners to consent to the annexation, the process can potentially annex a landowner's land even if he or she objects to the annexation. After a properly prepared petition is signed by at least a majority of the landowners, the petition must be filed with the County Commissioners office. The County Commissioners office will schedule a public hearing on the matter, and formal notice of the filing of the petition and of the public hearing date must be sent to the city and the township being effected by the annexation request, to all property owners inside the territory to be annexed, and to all property owners who have land adjacent to the land to be annexed. A notice of the hearing must also be published in a newspaper of general circulation. To be successful, the annexation petition must be approved by the County Board of Commissioners and the City Council of the city to which the land is to be annexed. In order to approve the annexation request, a County Board of Commissioners must affirmatively declare that the land is eligible for annexation, that the annexation will serve the general good of the land to be annexed, and that annexation's benefit to the land to be annexed outweighs any detriment to the land surrounding the land to be annexed. The decision of the Board of County Commissioners is subject to appeal to the County Court of Common Pleas. The approval of the annexation by the City Council is possibly subject to referendum. While the time to complete a regular annexation varies, the process will usually be take more than six months, potentially over a year if matters are litigated.
(2) "Type 1 Expedited" Annexation Petition: A Type 1 Expedited Annexation, or T-1 annexation, can take less time than a regular annexation petition because it involves less hearings. In order to file a successful T-1 annexation petition, 100% of the owners of the land to be annexed must consent in writing to the annexation petition, and the city and township involved in the annexation proceeding must consent to the annexation via an annexation agreement or cooperative economic development agreement. If a landowner can meet these requirements and file a proper T-1 annexation, the petition is required to be approved by the County Board of Commissioners without a hearing and without notice of the petition being published or mailed to adjacent property owners. Unless there is a procedural error in the petition, the County Board of Commissioners must approve the petition. Then the petition is presented to the City Council for review. The City Council's approval of the petition is potentially subject to referendum.
(3) "Type 2 Expedited" Annexation Petition: A Type 2 Expedited Annexation, or T-2 annexation, can take less time than a regular annexation petition because it potentially can involve less hearings. In order to file a successful T-2 annexation petition, 100% of the owners of the land to be annexed must consent in writing to the annexation petition, and the landowners must agree that the land will forever be simultaneously part of the city and the township, subject to the taxing authority of both the city and the township. If after the T-2 annexation petition is filed both the city and township effected by the request consent to the annexation, and the petition meets all of its other procedural prerequisites, the County Board of Commissioners must approve the petition without a hearing. Then the petition is presented to the City Council for review. The City Council's approval of the petition is potentially subject to referendum.
(4) "Type 3 Expedited" Annexation Petition: A Type 3 Expedited Annexation, or T-3 annexation, can also take less time than a regular annexation petition because it involves less hearings. In order to file a successful T-3 annexation petition, 100% of the owners of the land to be annexed must consent in writing to the annexation petition, and the landowners must agree that the land will forever be simultaneously part of the city and the township, subject to the taxing authority of both the city and the township, and there must exist a "significant economic development project" formally approved by the State of Ohio which requires and will accompany the annexation. Notice of the T-3 annexation request must be sent to the city and the township being effected by the annexation request, to all property owners who have land adjacent to the land to be annexed. This form of expedited annexation is much less common that regular or other expedited proceedings, and required early involvement of Ohio's Director of Development well before any petition for annexation is filed. If after the T-3 annexation petition is filed both the city and township effected by the request consent to the annexation request, and the petition meets all of its other procedural prerequisites, the County Board of Commissioners must approve the petition without a hearing. Then the petition is presented to the City Council for review. The City Council's approval of the petition is potentially subject to referendum.
What annexation options are appropriate or available to any landowner, and whether land is eligible or appropriate for annexation, is determined on a case by case basis. If you have questions about planning and completing an annexation, or about what your rights are regarding the annexation of another's land, you should consult with an attorney.
