County could challenge annexatio

Annexation by Lenoir City of a narrow strip of land on State Highway 70 could lead to a battle with Loudon County over an urban growth boundary.

A UGB restricts how far a city may grow by annexation of unincorporated county land. The boundary was set in the Public Chapter 1101 Growth Plan approved by state and local governments in 2000 to help settle and avoid conflicts.

Lenoir City Council approved Nov. 14 the annexation of 24.3 acres outside the Lenoir City UGB.

According to state law, expansion outside the boundary is only permitted if the tract is contiguous to land with the same owner and already annexed by the municipality. The tract must have water and sewer access and the owner must, by notarized petition, consent to being included within the UGB or municipality.

At a Nov. 21 workshop of Loudon County Commission, Dan Smith, a Greenback resident and owner of the tract on Hwy. 70, told commissioners he had no specific plans for the land but wanted to increase its value for heirs by annexing into the city.

“I do believe it’s a legal annexation,” Smith said.

Commission Van Shaver, who represents District 5 in which the parcel is located, said the land adjoins Belle West subdivision. Shaver said state law only allowed annexation across the UGB when the two tracts were owned by the same entity. Smith does not own Belle West.

Shaver said a 2003 dispute over land outside the Lenoir City UGB resulted in a lawsuit between the city and county that was settled by a 2005 interlocal agreement.

“Any property parcels requesting annexation by Lenoir City, which are located outside of the urban and planned growth boundaries referenced above, shall be by written request to be approved first by Loudon County Commission and then secondarily approved by Lenoir City Council in order to be annexed,” according to the agreement.

Shaver said the owner would have to settle the issue of ownership of contiguous land and county approval before the property could be annexed. He said the issue was also a matter of setting a precedent.

“If we let this start to happen, the whole 5th District will be in Lenoir City,” he said.

Rosemary Quillen, who represents District 2 in Lenoir City, asked how council could have approved the annexation if contrary to current law.

“Maybe they didn’t know it was outside the UGB,” Shaver replied.

Smith said he was not comfortable with the government telling him what he could do with his property.

“I’m just trying to improve the value of an asset,” he said.

Shaver said the situation is governed by state law and the interlocal agreement and not the wishes of commission.

Commissioner Chase Randolph said he thought Lenoir City should have come to the county first.

Commissioners decided County Mayor Rollen “Buddy” Bradshaw will write a letter to Lenoir City Mayor Tony Aikens informing him of the possible conflict with existing state law and the interlocal agreement.

Lenoir City Councilman Eddie Simpson said the annexation was thoroughly reviewed by Lenoir City Planning Commission before being presented to council for a vote. He said he is confident a review of state law and the interlocal agreement will show the annexation was properly approved.