Property owner takes challenge over annexation on Ankeny's east side to appeals court

A property owner annexed into the city of Ankeny without his consent has taken his legal challenge to appeals court.

Cities can grow by annexing land out of the county and into their borders for future development. The state's City Development Board approved a request from fast-growing Ankeny last year to annex about 78 acres of land in an area east of Interstate 35 and north of Northeast 102nd Avenue/Northeast 18th Street, near Frisk Drive. New housing is expected to be built in the area.

Under Iowa law, cities can annex land from property owners who do not consent, as long as the owners of at least 80% of the land in an annexation proposal do agree. This "80/20 rule" keeps cities in line with state law, which prohibits "islands" of county land surrounded by city borders and discourages irregular city borders, which can cause maintenance and service challenges.

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In the 102nd Avenue annexation, developer DRA Properties owned four parcels totaling roughly 83% of the annexation and agreed to become part of Ankeny. The owners of eight smaller residential properties that totaled about 17% of the land did not agree to become part of Ankeny, but were included anyway under Iowa law.

Scott Campbell, the owner of one of those residential properties by Fourmile Creek, filed an appeal against the decision in Polk County District Court. A judge affirmed the City Development Board decision and denied Campbell's petition for review in September, according to court documents. Campbell then took the case to appeals court.

The appeals court case remains pending. Campbell and the City Development Board have both filed briefs.

The City Development Board argues that Campbell has not presented any issues for appeal after Campbell did not file a brief in the district court case. It said the board followed legal requirements for reviewing and approving the annexation, which was considered a voluntary annexation under the 80/20 process in Iowa law.

In his appeal brief, Campbell wrote that he was unaware of a requirement to submit a brief in the district court case and asked to preserve his arguments from the original petition. He argues the process was inconsistent with Iowa law and should have been considered an involuntary annexation because 100% of residents in the area were opposed to the annexation and their wishes were ignored.

Although 80/20 annexations include landowners who did not consent, they are considered "voluntary" under Iowa law, according to the city of Ankeny and other sources, which means there are fewer hoops for cities to jump through to annex the land. An "involuntary" annexation, which includes steps like voter approval, is rare and more difficult to pull off.

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Rapidly-growing suburbs of Des Moines have faced friction with rural Polk County residents as they annex land using the 80/20 process.

Chris Higgins covers the eastern and northern suburbs for the Register. Reach him at chiggins@registermedia.com or 515-423-5146 and follow him on Twitter @chris_higgins_

This article originally appeared on Des Moines Register: Property owner takes challenge over annexation on Ankeny's east side to appeals court