36-36-20. Contiguous area defined.

As used in this article, the term “contiguous area” means, at the time the annexation procedures are initiated, any area that meets the following conditions:#

1. (1)

   At least one-eighth of the aggregate external boundary or 50 feet of the area to be annexed, whichever is less, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of:#

   1. (A)

      Any street or street right of way;#

   2. (B)

      Any creek or river; or#

   3. (C)

      Any right of way of a railroad or other public service corporation#

   4. which divides the municipal boundary and any area proposed to be annexed;

2. (2)

   The entire parcel or parcels of real property owned by the person seeking annexation is being annexed; provided, however, that lots shall not be subdivided in an effort to evade the requirements of this paragraph; and#

3. (3)

   The private property annexed, excluding any right of way of a railroad or other public service corporation, complies with the annexing municipality’s minimum size requirements, if any, to construct a building or structure occupiable by persons or property under the policies or regulations of the municipal development, zoning, or subdivision ordinances.#

Notwithstanding the limitations of subsection (a) of this Code section, an area may be annexed by agreement between the municipal corporation and the governing body of the county in which the territory proposed to be annexed is located.#

If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be annexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term “contiguous area” shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of:#

1. (1)

   Any street or street right of way;#

2. (2)

   Any creek or river; or#

3. (3)

   Any right of way of a railroad or other public service corporation#

4. which divides the municipal boundary and any area proposed to be annexed; provided, however, that an annexation by the length of paragraphs (1) through (3) of this subsection shall also be approved by a majority of the qualified voters of such county voting on a referendum to approve such annexation.