April 2003

The Statehouse

By James Lawlor

New Mexico: Albuquerque Annexation. Although Albuquerque covers only about one quarter of the usable land area in Bernalillo County (Native American lands occupy a substantial part of the county), about 80 percent of the population lives in the city. The disparity in population and Albuquerque's penchant for annexing land has led to increasing tension between the city and county in recent years. This year, a powerful state senator from outside the city sponsored two bills designed to clip the Albuquerque's wings. The bills, signed by Gov. Bill Richardson April 10, abolish the city's power to annex property unilaterally, and create a new joint city/county water authority.

Senate Majority Leader Manny Aragon led the charge for S.B. 241 and S.B. 887, aided by fellow Bernalillo County Democrat and house majority whip James G. Taylor. The two bills passed the legislature by substantial margins. They were supported by the Albuquerque Chamber of Commerce and the National Association of Industrial and Office Properties, but opposed by the city government, the League of Women Voters, and 1000 Friends of New Mexico.

S.B. 241 abolishes Albuquerque's extraterritorial zoning jurisdiction, which formerly extended five miles into unincorporated territory beyond the city limits. Any annexation in that area will now require the assent of the county.

S.B. 887 establishes a new city-county water utility authority, with equal representation for the city and county. Three years ago, the city established a water board that was supposed to give county residents to say in setting water rights, but the board was not particularly effective, in large part because city counselors were not attending meetings. The opponents of the bills argued the extraterritorial zoning bill, in particular, will interfere with the city's efforts to manage growth by encouraging development on its fringes.

It is possible that the whole tempest may become moot in a few years. City and county voters are expected to vote on a proposed merger of the city and county in the November 2003 election. A joint city-county unification charter commission is drafting a new charter and plans to have its work completed by mid-September. Meanwhile, however, city officials are exploring the feasibility of legal challenges to the new legislation.

Contact chapter president Dan Pava, AICP, 505-667-7360, dpava@lanl.gov.

Florida: Property Rights Law Changes. The Florida chapter is rallying members to oppose two bills that would make damaging changes to the state's private property rights protection law. The Bert J. Harris, Jr. private property rights protection act, enacted in 1995, mandates compensation for landowners when a new law, regulation, or ordinance places an "inordinate burden" on the owner's property rights. As passed, the law contained a provision that it was not intended to affect governmental sovereign immunity. The proposed bills, S.B. 1164 and H.B. 113, would amend the Harris Act to add an express waiver of sovereign immunity.

The bills were apparently inspired by a trial court decision last summer holding that the adoption of new height and density restrictions after property owners allowed a building permit for construction of a 30-story condominium to expire was an inherently governmental action protected by sovereign immunity. Thus, the owners' claim that the city's action inordinately burdened a vested right to construct the building as originally planned failed.

The chapter fears enactment of a specific waiver of sovereign immunity would open local governments to a new wave of litigation by landowners claiming government action impaired their property rights. S.B. 1164 has passed the senate and is awaiting house action. The companion bill, H.B. 113, has been reported out of committee favorably.

Contact Sheri Coven, chapter executive director, 850-201-3272, fapa@floridaplanning.org.

Texas: Annexation and Compensation. Two troublesome bills sponsored by Rep. Anna Mowery (R-Fort Worth) have cleared the house land and resources committee, which she chairs. H.B. 568 would require elections in both the city proposing an annexation and the area to be annexed to it before annexation could take place. The bill also provides that a petition from the majority of voters in an area previously annexed would trigger a disannexation election.

H.B. 2178 would require compensation of a landowner if a zoning change reduced the value of the owner's land by 10 percent or more, unless the owner approves the zoning change.

Ben Luckens, AICP, reports the Texas Association of Realtors has made enactment of H.B. 2178 its number one priority. The group is claiming the legislation is the same as laws in all other states, Lukens says, something of an overstatement. The chapter is urging members to testify against both bills, especially H.B. 2178. Lukens notes such legislation is very hard to stop once it reaches the floor of the house, unless legislators see there is strong grassroots opposition to it.

Contact Ben Luckens, AICP, McLuckens@aol.com.

Louisiana: Blight Relief. The state senate has approved a package of bills sponsored by Senator Diana Bajoie (D-New Orleans) that will give the city and other local governments around the state some new tools to deal with the problem of blighted residential property.

S.B. 431, which applies only to New Orleans, would allow individuals to take possession of and maintain property seized by the city for back taxes. They would have nine months to repair the property and pay off taxes and other liens on the property. The former owners would have 18 months to reclaim the property, but would be obliged to repay the new owners' costs and "sweat equity" in renovating the property.

S.B. 830 authorizes city and parish officials to sell vacant lots to neighboring landowners who have maintained the lots. In effect, the neighboring landowners have the right of first refusal on a lot. S.B. 800 reduces from three years to 18 months the time a landowner has to reclaim a house taken by a city or parish for nonpayment of taxes.

Alabama: Nuisance Relief. A house committee has approved legislation that would bar lawsuits against farmers over odors, dust, and other nuisances if a farm is operating in accordance with state and federal regulations.

Rep. Neal Morrison (D-Cullman) said the object of his bill was to protect family farmers from "somebody filing a nuisance because it gets a little bit dusty or smelly." Barbara Evans, executive director of the consumer advocacy group Alabama Watch, has a different take on the bill. "It's really just intimidation against anybody filing a lawsuit against a corporate hog farm," she said. The house approved a similar bill in the 2001 session, but the bill failed to pass the senate.