What can we help you find today?

Municipal Boundaries

Print This PagePrint This Page Send by EmailSend by Email
Reviewed Date: May 26, 2017

Original Author: 
Darden, Ron
Date of Material: 
May 16, 2011


Subjects:
Annexation--Laws and regulations--Tennessee
Incorporation procedure

Municipal Boundaries

Summary: 
MTAS was asked to assist in determining municipal boundaries.

Knowledgebase-Municipal BoundariesMay 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


Attachment(s):

About Our Knowledgebase

Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information posted to this website.