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Original Author: Darden, Ron
Date of Material: 05/16/2011

Subjects(s):
Annexation--Laws and regulations--Tennessee
Incorporation procedure

Establishing Municipal Boundaries When Annexation Records Are Not Available

Reviewed Date: 07/21/2021
Summary:
MTAS was asked to assist in determining municipal boundaries for Altamont, Tennessee with missing annexation records.


May 16, 2011


The Honorable Jimmy Walker, Mayor
Town of Altamont
P.O. Box 200
Altamont, Tennessee 37301

Re: Municipal Boundaries

Dear Mayor Walker,

County Commissioner Michael Brady, who also works in the Grundy County assessor’s office, and I met with you recently in an effort to establish the basis of the existing Altamont municipal boundaries. It appears that annexation records may have been misplaced and cannot be located.

I currently have a description of the commonly recognized municipal boundaries prepared without benefit of survey by Mr. Brady. I have reviewed the process of reestablishing municipal boundaries by contract as provided by TCA and the process of establishing boundaries by private act of the state legislature with MTAS attorneys. MTAS attorneys advise that establishing the municipal boundaries by contract is not a proper method for identifying the boundaries and that Article II, Section 9 of the Tennessee Constitution prohibits the legislature from establishing municipal boundaries by private act.

Therefore, MTAS recommends that the town employ an attorney to file a declaratory judgment to identify the boundaries likely set by acquiescence. This should not be difficult with the description provided by Mr. Brady.

Please call me if you have questions, comments, or if I may be of further service.

Respectfully Yours,

Ron Darden
Municipal Management Consultant

Cc. MTAS Senior Legal Consultant Sidney Hemsley
MTAS Legal Consultant Josh Jones
Commissioner Michael Brady

Attachments:
file Municipal Boundaries.pdf