What is the state of annexation law now?

MRSC, January 2004

As a result of the state supreme court's reversal of its decision in Grant County Fire Protection District No. 5 v. City of Moses Lake, the "landscape" of annexation law in this state has changed, once again. The major consequences of the court's new decision are summarized as follows:

• The "old" petition method of annexation in RCW 35.13.125-.160 and in RCW 35A.14.120-.150, that is based on the assessed valued of the property, is once again valid. All annexations that have been accomplished under the old method are valid.
• Since the 2003 legislature established a new "alternative" method of annexation, the "50-50" method as provided in RCW 35.13.410-.460 and in RCW 35A.14.420-.450, there are now two different petition methods of annexation available to cities. See Municipal Annexation under the New Petition Method. The 2003 legislation did not repeal the annexation statutes comprising the old method of annexation.
• Outside utility agreements (under which property owners agreed to future annexation in exchange for having city utility service extended to their property), that cities had entered into with property owners prior to the court's original decision in Grant County Fire Protection District No. 5 v. City of Moses Lake, are enforceable according to their terms. Most, if not all, of these agreements had been rendered unenforceable by the court's original decision.

If you have questions about other implications of the court's decision, please contact MRSC legal staff.