When city may enact ordinance.
(1) When a city desires to annex unincorporated territory, the legislative body of the city proposing to annex shall enact an ordinance stating the intention of the city to annex. The ordinance shall accurately define the boundary of the unincorporated territory proposed to be annexed, and declare it desirable to annex the unincorporated territory. The city shall provide written notice to the fiscal court of the county in which the territory is located regarding the proposed annexation that includes a map and a description of the area to be annexed.
(2) If following the publication of the annexation ordinance pursuant to subsection (1) of this section and within sixty (60) days thereof, fifty-one percent (51%) or more of the resident voters or owners of real property within the limits of the territory proposed to be annexed petition the mayor in opposition to the proposal, the ordinance proposing annexation shall become ineffectual for any purpose.
(3) In not less than sixty (60) days after the enactment of the ordinance, if no petition containing the signatures of fifty-one percent (51%) or more of the resident voters or owners of real property within the limits of the territory proposed to be annexed in opposition to the proposal has been received by the mayor as set forth in subsection (2) of this section, and if the city has provided the written notice described in subsection (1) of this section at least forty-five (45) days prior, the legislative body may enact an ordinance annexing to the city the territory described in the ordinance. If the city has elected to establish the zoning for the new territory prior to the completion of the annexation pursuant to KRS 100.209, the ordinance shall include a map showing the zoning. Upon the enactment of this ordinance, the territory shall become part of the city for all purposes. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 158, sec. 2, effective July 15, 2024. -- Amended 1996 Ky. Acts ch. 195, sec. 43, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 362, sec. 12, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 6, sec. 2, effective February 12, 1988. -- Amended 1986 Ky. Acts ch. 141, sec. 43, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 360, sec. 20, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 303, sec. 3, effective July 15, 1980.
Notes of Decisions
City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009).
· cites it 8× “0-006-010 was delivered to the Mayor and to the County Clerk, requesting that they take all necessary actions required by KRS 81A.420 to ensure that a public question on the annexation would be placed on the ballot at the next general election.”
City of Lebanon v. Goodin ex rel. Goodin, 436 S.W.3d 505 (Ky. 2014).
· cites it 2× “*510 Goodin then filed a circuit court action challenging the constitutionality of the City’s action and its compliance with KRS 81A.420, the statute allowing the City to perform a nonconsensual annexation.”
Snowden v. City of Wilmore, 412 S.W.3d 195 (Ky. Ct. App. 2013).
“In this event, the city shall not be required to enact the notification ordinance required by KRS 81A.420(1) or to comply with the notice requirements of KRS 8IA.”
Fourroux v. City of Shepherdsville, 148 S.W.3d 303 (Ky. Ct. App. 2004).
· cites it 2× “412); and without the consent of the affected landowners (KRS 81A.420). On September 27, 1999, the City of Shep-herdsville enacted ordinance 999-477.”
Merritt v. City of Campbellsville, 678 S.W.2d 788 (Ky. Ct. App. 1984).
· cites it 7× “Appellants/cross-appellees raise several questions concerning the propriety of the annexation, to wit: (1) inadequate notice of the City’s intention to annex [KRS 81A.420, 83A.060(9), 424.130 and 140]; (2) the annexation was invalid on the merits as the property annexed was not…”
City of Jeffersontown v. City of Hurstbourne, 684 S.W.2d 23 (Ky. Ct. App. 1984).
“During the foregoing time period, Jeffersontown, following the annexation procedures of KRS 81A.420, sought to annex the same geographical area that Hurstbourne wanted to incorporate.”
Huls v. City of Winchester, 709 S.W.2d 835 (Ky. Ct. App. 1986).
· cites it 5× “This is an appeal from a summary judgment by the Clark Circuit Court dismissing the appellants’ complaint whereby they sought to have an annexation ordinance of the City of Winchester, annexing unincorporated territory to that city, declared void because of failure to comply…”
City of Corbin, Kentucky v. City of London, Kentucky (Ky. Ct. App. 2023).
“427(3) require a city proposing to annex an unincorporated area under the provisions of KRS 81A.420 to send notice of the proposed annexation “to the mayor of each city government owning utility infrastructure within the area proposed to be annexed.”
Derrick Graham v. Sec'y of State Michael Adams (Ky. 2023).
“Goodin involved a straightforward “challeng[e] [to] the constitutionality” of a city’s actions in performing a nonconsensual annexation of private property pursuant to KRS 81A.420. Id. at 510 . After refusing to inquire into the city’s subjective motives in annexing the property…”
— Ky. Rev. Stat. § 81A.420(1) — 2 cases
Snowden v. City of Wilmore, 412 S.W.3d 195 (Ky. Ct. App. 2013).
“In this event, the city shall not be required to enact the notification ordinance required by KRS 81A.420(1) or to comply with the notice requirements of KRS 8IA.”
City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009).
“0-006-010 was delivered to the Mayor and to the County Clerk, requesting that they take all necessary actions required by KRS 81A.420 to ensure that a public question on the annexation would be placed on the ballot at the next general election.”
— Ky. Rev. Stat. § 81A.420(2) — 3 cases
City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009).
“0-006-010 was delivered to the Mayor and to the County Clerk, requesting that they take all necessary actions required by KRS 81A.420 to ensure that a public question on the annexation would be placed on the ballot at the next general election.”
Merritt v. City of Campbellsville, 678 S.W.2d 788 (Ky. Ct. App. 1984).
“Appellants/cross-appellees raise several questions concerning the propriety of the annexation, to wit: (1) inadequate notice of the City’s intention to annex [KRS 81A.420, 83A.060(9), 424.130 and 140]; (2) the annexation was invalid on the merits as the property annexed was not…”
Huls v. City of Winchester, 709 S.W.2d 835 (Ky. Ct. App. 1986).
“This is an appeal from a summary judgment by the Clark Circuit Court dismissing the appellants’ complaint whereby they sought to have an annexation ordinance of the City of Winchester, annexing unincorporated territory to that city, declared void because of failure to comply…”
— Ky. Rev. Stat. § 81A.420(2)(a) — 1 case
City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009).
“0-006-010 was delivered to the Mayor and to the County Clerk, requesting that they take all necessary actions required by KRS 81A.420 to ensure that a public question on the annexation would be placed on the ballot at the next general election.”
— Ky. Rev. Stat. § 81A.420(2)(b) — 1 case
— Ky. Rev. Stat. § 81A.420(2)(c) — 2 cases
City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009).
“0-006-010 was delivered to the Mayor and to the County Clerk, requesting that they take all necessary actions required by KRS 81A.420 to ensure that a public question on the annexation would be placed on the ballot at the next general election.”
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