i have an RV park business and my township has passed an ordinance to impose 10% occupancy tax. Because of high tax i m losing lot of business and thinking to get de-annexed from township since city is not providing any water,sewer and electric. there is no law enforcement for me its just like quite neighborhood. so how can i apply for de annex and keep my business running?
Sorry to hear about your issue. I don't believe that there is much that can be done. Here is a case about de-annexation. http://law.justia.com/cases/oklahoma/supreme-court/2004/439869.html The basic law quoted from the case states, " A municipality is authorized to annex territory that is adjacent or contiguous to its corporate limits as the governing body deems desirable for the benefit of the municipality. 11 O.S.2001 § 21-101.21 Property may be considered to be adjacent or contiguous if it is separated from the corporate limits by a railway, highway right-of-way or an intervening strip less than four rods wide. 11 O.S.2001 § 21-102.22 The city is required to obtain the written consent of the owners of at least a majority of the acres to be annexed, except in two instances."
In that case, the city attached the annexed lands with a 3' strip of land to attach the city of Seminole to a Love's County Store and a catfish restaurant on I-35. The Court found the annexation improper in this case.
I am a proud Okie and love Oklahoma. Sorry, to see you lose business. Because this is a local law, I suggest you call the Oklahoma Bar association for an attorney referral. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a local counsel. Good luck. Zaher Fallahi, Tax Attorney, CPA, MBA, MS.
Talk to a real estate attorney in your area. Unfortunately, you are probably out of luck and need to sell your property to capitalize a move back to unincorporated land.
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