Cossar, 021180 MSAGO, 19800211

Docket Nº:19800211
Case Date:February 11, 1980
Court:South Carolina
Honorable George P. Cossar, Jr.
No. 19800211
Mississippi Attorney General Opinions
February 11, 1980
          Municipalities — Annexation          Honorable George P. Cossar, Jr.          Cossar & Cossar          Attorneys at Law          Post Office Box 50          Charleston, Mississippi 38921          Dear Mr. Cossar:          Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.          Your letter states:
         “The Board of Mayor and Commissioners of the City of Charleston requested that I write to you in regard to incorporating city owned property that lies outside the city limits. Both the city airport and the neighborhood facility lie outside the city limits and are not adjacent to the city limits. Section 21-1-27 provides for extending the boundaries to include adjacent unincorporated territory.          “Please advise the proper procedure to take to incorporate city owned property that does not lie adjacent to the city limits.”
         The cited Section 21-1-27 of the Mississippi Code of 1972, Annotated, (the “Code”), provides in part: “EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES          § 21-1-27 . Passing of ordinance.          The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the boundaries thereof by adding thereto adjacent unincorporated territory or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of such municipality shall pass an ordinance defining with certainty the territory proposed to be included in or excluded from the corporate limits, and also defining the entire boundary as charged. ...”          Unless elsewhere provided, a municipality is not empowered to incorporate into its corporate boundaries or limits, territory that is not adjacent unincorporated...

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