Question of the Month
February
2006
How do states allow
cities, villages or municipalities to incorporate?
Laws regarding city incorporation are
complex and vary widely, but most states use one of several approaches
a provision in law, approval by the legislature or voter approval.
Here are some examples from the Midwest:
In Indiana, only towns with
populations over 2,000 may be changed into cities. For this to be
done, at least 10 percent of the voters in the towns last election
for secretary of state must sign a petition asking their local
legislative body to adopt a resolution stating that the town wishes to
become a city. Once the resolution passes, the question is posed to
the voters in an election. If there is a majority of "yes"
votes, the town will become a city.
Iowa law
states that 25 percent of those who voted in the last city election
must sign a petition asking the city council to pose the question to
residents. An election must be held within 60 days after the posting
of a valid petition.
In Minnesota, the
incorporation process can begin in two ways: a petition signed by at
least 100 property owners that is submitted to the town board or
passage of a resolution by the board. Hearings are then held that
include a review of the impacts of incorporating, such as the fiscal
impact on the area and neighboring local governments, the effect on
school districts, and transportation and environmental issues. After
the hearings, the state Office of Long-Range Planning makes a decision
that could include full incorporation or a recommendation that the
area consider annexation by a neighboring city.
Ohio requires
that a petition be signed by 51 percent of voters within the area
wishing to incorporate. The area must be at least 2 square miles in
size and have a population of at least 800 people per square mile. A
hearing is held within 90 days after the petition is presented to the
county board. If the board grants the petition, the incorporation
becomes effective as soon as the record is filed with the secretary of
state.
South Dakotas
incorporation petition must be signed by 25 percent of qualified
voters who are registered in the proposed municipality or landowners
in the proposed municipality who are also registered voters in the
state. The petition should include details such as an area map and
population. The county board then decides whether the petition will be
placed on the ballot.
For
more information on this or any other public policy issue, please call
630-925-1922 or complete the online
form for research services.
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