Column for Sept. 27, 2007

Drop back and punt on ETJ a good thing

I read with interest the article in last week's edition of "The Selma News" about the failure of Selma and Wilson's Mills to come to an agreement on extraterritorial jurisdiction between the two towns. The failure to reach an agreement basically forced an agreement, which was to leave the jurisdiction over the disputed areas with the county rather than either of the two towns.

Personally, I believe that was the best scenario. I feel about an extraterritorial jurisdiction about the same way I do forced annexation. The town has corporate limits, and I would much prefer that the town's power extend no further than the corporate limits. Across the state, towns under 10,000 population have a one mile reach beyond their corporate limits into which to extend the tentacles of their influence and regulation. According to state law, "any city may exercise these powers within a defined area extending not more than one mile beyond its limits. With the approval of the board or boards of county commissioners with jurisdiction over the area, a city of 10,000 or more population but less than 25,000 may exercise these powers over an area extending not more than two miles beyond its limits and a city of 25,000 or more population may exercise these powers over an area extending not more than three miles beyond its limits."

Johnston County, for some unknown reason, has a two mile authorization. I have read in several journals and news articles that the State of North Carolina has specifically authorized towns in Johnston County to have the two mile authority with county approval, but not necessarily other counties. I have been doing more research into the topic and will be compiling some data for action in the future. I am sure that I will find out more and more facts as time goes on as to the whys and hows behind extraterritorial jurisdictions (ETJ) and Johnston County, in particular.

That same statute says, "Where the extraterritorial jurisdiction of two or more cities overlaps, the jurisdictional boundary between them shall be a line connecting the midway points of the overlapping area unless the city councils agree to another boundary line within the overlapping area based upon existing or projected patterns of development." Apparently, that agreement of another boundary line could not be agreed upon and both towns must have felt that it was mutually beneficial to drop back and punt rather than automatically have a line connecting the midway points of the overlapping area. That was probably the best scenario for both towns.

As I said a bit earlier, I feel about ETJ about the same as I do forced annexation. I especially feel that it is inappropriate to have an ETJ that extends two or three miles beyond the corporate limits of a municipality. There is a reason why it is called "city limits". I understand the reasons for allowing an ETJ, but regulation without representation other than to have some residents of the ETJ serve on the Planning Board is still regulation without representation.

There was a bill in this year's NC Legislature that would allow residents of an ETJ vote in municipal elections. Personally, I have no problem with that, though the NC League of Municipalities does. If people can be regulated by a town in which they do not live, they should have just as much right to vote for the nomenclature of that town's governing body as the town's citizens. That is only fair. I will take it one step further and say that people who own property in a town, though they personally reside in a different town, should be able to vote in any town's municipal election in which they own property or are influenced or effected by a town's regulatory body. Since the property owners will be subjected to the municipality's regulations and taxation, it is quite appropriate to allow them to do so, especially since towns and counties rely heavily upon property taxation for sources of revenue. I realize that is getting off the subject of ETJ for a bit, but the principle is the same.

One thing to keep in mind is the fact that towns extend their ETJ by ordinance. As we learned last week, a two-thirds majority vote is necessary in order to pass an ordinance the first time through, with time frames for secondary voting. I will watch with interest future ETJ expansion efforts.