Original Author: Darden, Ron
Date of Material: 05/16/2011
Annexation--Laws and regulations--Tennessee
Reviewed Date: 07/21/2021
MTAS was asked to assist in determining municipal boundaries for Altamont, Tennessee with missing annexation records.
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.
Municipal Management Consultant
Cc. MTAS Senior Legal Consultant Sidney Hemsley
MTAS Legal Consultant Josh Jones
Commissioner Michael Brady