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"How Can Property Owners Protect Against Forced Annexation?"

Updated: Mar 28

Understanding the concerns of our community members is a crucial part of my role as a potential Laramie County Commissioner. Recently, a question was raised about my stance on representing property owners facing forced annexation by the city. This individual expressed their disappointment that no current commissioners were present at City Council meetings discussing this issue. While I share a strong belief in personal property rights, it's important to note that the views of any commissioner, past or future, cannot alter the outcome if the city chooses to annex properties that border city-owned land, provided they adhere to the annexation process outlined in state statute.


The annexation process is governed by Wyoming State Statute 15-1-402, which outlines the criteria for a city or town to annex land. Specifically, Wyoming State Statute 15-1-406c stipulates that if 75% or more of the area's perimeter to be annexed borders the corporate limits of the annexing city or town, the land is eligible for annexation.


The same applies to a developer whose property is 75% contiguous to the city and requesting annexation. These statutes are state law, and commissioners have no authority to intervene. The only entity with authority to modify state law is the Wyoming State Legislature.


Property owners can act upon notification of the annexation proposal.

  1. Attend and speak out at public meetings.

  2. Call your representative and express your concern.

  3. File written objections with the clerk. See Statute 15-1-406b for requirements.

Some landowners have reservations about forced annexation, but some believe there is a benefit to being annexed into the city. A county resident posted an opposing view on the annexation on my campaign page. As she puts it, "Sometimes annexation needs to happen." With annexation comes required improvements like sidewalks and streetlights, which would improve safety. In cases like hers, Wyoming State Statute 15-1-403 allows landowners to petition the city or town to annex their properties. As long as a majority of the landowners agree to the annexation, the process can proceed.


The catch is that the landowner is on the hook for the cost of bringing their property up to City Code. This includes requiring the property owners to connect to city water and sewer and requiring curb and gutter improvements. However, when I spoke to the Cheyenne City Planning Office, I was told the city is not currently mandating any improvements by annexed landowners unless the landowner does something to develop the property. The example she gave me was new construction.


It's crucial to understand that these statutes are state law, and County Commissioners have no authority to intervene or modify them. The only entity with the power to modify state law is the Wyoming State Legislature. If you believe changes are needed, I encourage you to reach out to your state representative and express your concerns.


I understand that this process can be painful, and I empathize with you. However, it's important to remember that our state statutes dictate that only your representative, working through the legislative process, can change the statutes. The County Commissioners do not have authority in this area.


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Don Hollingshead

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COUNTY COMMISSIONER

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