Annexation agreements can offer a significant degree of certainty for a developer but are also the product of negotiations so proceed with caution.
If annexation is part of the overall development approval process, then seeking an annexation agreement to confirm the terms of development is recommended. Because governments always have the prerogative to change their minds (and regulations). an annexation agreement can protect a developer from adverse changes in local laws. Of course, both the authority for and scope of annexation agreements may be limited by State statute. This white paper reviews annexation agreements and dealing cautiously with competing municipalities.
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