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February 19, 2008

Council, county in favor of bill to limit annexation

A Southeast Limestone property owner with close ties to the city of Madison threatened to file a lawsuit against Limestone County commissioners to stop local legislation that would require full commission approval or a vote of the people before any more land could be annexed.

Madison has annexed 1,700 acres of Limestone County land in the past week. Donald Spencer Jr., son of former Madison City Councilman Donald Spencer Sr., who served from 1988-92, told a joint meeting of the Athens Council and the County Commission Tuesday that southeast Limestone County has never been better off than since it has been annexed into Madison and Huntsville.

Dist. 5 Rep. Henry White, D-Athens, has agreed to introduce the legislation in the House and Dist. 2 Sen. Tom Butler, D-Madison, has agreed to introduce the measure in the Senate. All members of the local legislative delegation must support the local legislation before it can be introduced. However, only White lives within Limestone County. Dist. 25 Rep. Mac McCutcheon lives in Harvest and Dist. 4 Rep. Mickey Hammon lives in Decatur, as does Sen. Arthur Orr.

Spencer, who lives on Morris Road, told the governmental bodies that his family owns some 250 acres. He said Huntsville has expressed interest in building a 42-inch sewer lift station on the last 100 acres of unincorporated land owned by his grandmother.

“You have called this ‘land grabs’ but Madison and Huntsville are not taking land,” Spencer said. “This land belongs to individuals and families. Only they have the choice on whether to annex. They are not being forced or coerced. State laws gave us that choice. They are not dangling shiny stuff to entice us.”

Spencer said the legislation is being driven by talk of a new Madison elementary school in annexed portions.

“They bought this land seven years ago,” he said. “It didn’t just pop up.”

Spencer said Limestone voters have rejected school taxes, home rule and fire protection measures in recent years that could have provided the advantages property owners would enjoy by being part of Madison.

“You want to give those same people the right to dictate what we do with our land? They were dumping sewage on land in Pleasant Grove and we didn’t have a say in that,” Spencer said.

“Look around and see the advantages,” he said. “There are 1,000-plus jobs in annexed areas near Greenbrier. Could Limestone County have supported Target Distribution Center, Conquest GMC, Premier Truck Center, and Harley-Davidson? We’ve all benefited from that. Property values have increased. You will still be collecting ad valorem taxes.

“Limestone County is collecting sales tax from the shopping center on County Line Road. Annexations haven’t impacted anyone’s way of life. If anything, it’s improved it.”

Spencer, who is chief of Segers Volunteer Fire Department, said he is comforted by the fact that he can call on backup from Huntsville or Madison when needed. He said he had no choice but to “bring litigation against this bill” on the grounds that it is ex post facto law, forbidden by the Constitution.

Kathy Horton Garrett of Greenbrier said she grew up in that community and felt saddened when the county school system closed Mooresville-Belle Mina School nearly 15 years ago.

“We have no school in this part of the county,” she said. “The closest schools are in Tanner or East Limestone. I have a Decatur phone, pay Athens Utilities, and have North Alabama South/South Tennessee gas. Now, Huntsville and Madison want to annex more land.

“I don’t want Madison and Huntsville to be with us, but we don’t have a school. My family has been here for 200 years. It’s not fair for everyone else to tell us what to do with our land. Don’t take my right or my child’s right to say what we can do with our land.”

Both the Limestone County Commission and the Athens City Council passed unanimous resolutions supporting the legislation, which Butler and White had requested.

Athens City Councilman Harold Wales and Councilman Ronnie Marks questioned why the legislation hadn’t already been introduced in the House. Wales said he was disappointed with a local representative who didn’t appear to firmly support the bill.

“We are Limestone County,” Wales said. “And a representative is not willing to stand and fight when we’re being eaten away acre by acre. I’m tired of reading wimpy remarks by some of them in the paper. When it’s time for new candidates, we need people who will stand for Limestone County.”

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