By Sarah Stephens
Elmore Autauga News
When 12 owners of homes in Rodgers View Court subdivision in the police jurisdiction of Coosada and partially Millbrook police jurisdiction contacted the City of Millbrook last year, they requested to be annexed into Millbrook.
The residents wanted to be annexed into Millbrook for access to more services from a larger city, including police and fire protection. They also told the EAN they felt threatened when Coosada officials sent out letters to their neighborhood that if they did not officially annex into Coosada they could face thousands of dollars in expense should they need fire or police protection.
The annexation requests did not sit well with Coosada elected officials, and they directed the town’s attorney to request an AG’s opinion from the office of Attorney General Steve Marshall. Their request cited multiple questions about the legality of annexations and how it would impact the adjoining police jurisdictions.
Marshall issued his opinion today, and it sides with Millbrook.
Millbrook Mayor Al Kelley spoke to EAN today, saying this is good, but not surprising, news.
“We felt confident all along our annexation followed the law and was justified. We were confident in our interpretation of the law, and it was correct. Our departments have done a great job of making sure all the I’s are dotted and the T’s crossed. We are very happy that AG Marshall agreed with our actions and interpretation of the law.”
Editor’s Note: We have reached out for comment from Coosada Mayor Jim Houston, as well as residents from Rodgers View Court. If they respond, we will update this article.
In AG Marshall’s opinion directed to Honorable John T. Winans, Attorney, Town of Coosada, the entire response is as follows:
“Municipalities – Police Jurisdiction
– Elmore County
Section I I -40- l0 of the Code of Alabama as amended by Act 2021-297, froze or fixed the municipal police jurisdiction to the boundary lines as of January l, 2021.
The equidistant line is the line that is halfway between the corporate limits of two municipalities with overlapping police jurisdictions and it is not necessarily the same as the police jurisdiction line.
Annexation by one municipality may reduce the police jurisdiction of that municipality and the police jurisdiction of a municipality with an overlapping police jurisdiction. The equidistant line would also be recalculated to be the line halfway between the corporate limits of each municipality with overlapping police jurisdictions.
Dear Mr. Winans: This opinion of the Attorney General is issued in response to your request on behalf of the Town of Coosada (“Coosada”).
OUESTIONS
1. Did Legislative Act 2021-297 freeze the police jurisdiction of municipalities?
2. Is the equidistant line between neighboring municipalities with overlapping police jurisdictions, the police jurisdiction?
3. If so, can the equidistant line be recalculated after annexation by a neighboring municipality up to the equidistant line, essentially altering the police jurisdiction line of another municipality?
FACTS AND ANALYSIS
Your request states that the City of Millbrook (“Millbrook”) is proposing annexation of a parcel of land that lies within the police jurisdiction of Coosada but is contiguous to Millbrook. If this parcel of land is annexed into Millbrook, you question whether the equidistant line is subject to be recalculated and whether this will alter the police jurisdiction of Coosada after the passage of Act 2021-297.
Act 2021-297 made substantive changes to municipal police jurisdictions and the exercise of police powers within the police jurisdiction. 2021 Ala. Acts No. 2021-297. Specifically, the act amended section 1l-40-10 of the Code, which states, in pertinent part, as follows:
(a)(1) Except as otherwise provided in this section, the police jurisdiction in municipalities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and in municipalities having less than 6,000 inhabitants, the police jurisdiction shall cover all adjoining territory within a mile and a half of the corporate limits of the municipality.
(2)a. Except as provided in paragraph b., notwithstanding any other provisions of this section, the police jurisdiction of a municipality outside of the corporate limits of the Honorable John T. Winans municipality shall not extend beyond the police jurisdiction of the municipality on January I, 2021. The annexation of property by general or local law shall not extend the area of a police jurisdiction of a municipality after January l ,2021, except to include that property annexed into the corporate limits.
ALA. Code $ I l-40-10 (Supp. 2023) (emphasis added).
The amendment to section I I -40- l0 of the Code as set forth in subsection (2)a immediately froze or fixed the municipal police jurisdiction to the boundary lines as of January 1,2021. Consequently, if a municipality was exercising a police jurisdiction as of January 1,2021, the police jurisdiction can continue to be exercised and enforced but it cannot grow outwards with new annexations. As a municipality annexes property, the police jurisdiction will be consumed by the corporate limits and eventually the police jurisdiction will no longer exist. Thus, annexations may reduce the police jurisdiction, but annexations cannot extend the police jurisdiction beyond the boundary line as of January l, 2021.
Your second and third questions relate to issues involving municipalities with overlapping police jurisdictions. Section I 1-40-l0(a)(1) of the Code provides that in municipalities with 6000 or more inhabitants, the police jurisdiction covers all adjoining territory within three miles of the corporate limits of the municipality and in municipalities with less than 6000 inhabitants the police jurisdiction covers all the adjoining territory within a mile and a half of the corporate limit of the municipality. The police jurisdiction of one municipality does not extend into the corporate limits of another municipality, but police jurisdictions can overlap. Opinion to Honorable Jenny Countryman, Mayor, Town of Excel, dated Feb. 6, 2002, A.G. No. 2002-132.
Accordingly, the police jurisdiction boundary can extend up to the corporate limits of another municipality. This boundary line is measured by drawing a straight line perpendicular from the corporate limit line following standard land surveying practices and is not measured by the distance traveled on a road. Opinion to Honorable James A. Kent, Mayor, Town of Skyline, dated May 20, 1996, A.G. No. 96-00218.
The equidistant line between two municipalities with overlapping police jurisdictions is used to determine the boundary line for annexation purposes under section 11-42-21 of the Code relating to annexation by consent of property owners. The pertinent part of section 11-42-2l of the Code states as follows:
(b)( I ) In the event any incorporated municipality’s police jurisdiction overlaps with the police jurisdiction of one or more other incorporated municipalities, the governing body of any one of the incorporated municipalities may exercise the authority of this article, in the overlapping portions of their police jurisdiction, to a boundary which is equidistant from the respective corporate limits of each of the incorporated municipalities which have overlapping police jurisdictions.
ALA. Code 11-42-21(b)(1) (Supp. 2023) (emphasis added). Thus, the equidistant line is the line that is halfway between the corporate limits of two municipalities with overlapping police jurisdictions. The equidistant line between the two municipalities is not necessarily the police jurisdiction boundary line but it could be the same line, particularly when one municipality’s police jurisdiction extends 3 miles and the other municipality’s jurisdiction extends a mile and a half.
For example, if Millbrook annexes property up to the equidistant line, the corporate limits of Millbrook will be extended to that line, but the police jurisdiction of Millbrook is not extended, because the police jurisdiction line is fixed at the boundary lines as of January 1, 2021. This annexation may also reduce the police jurisdiction of Coosada because the police jurisdiction of Coosada cannot extend into the corporate limits of Millbrook. After the annexation, the equidistant line would also be recalculated to be the line halfway between the corporate limits of Millbrook and Coosada. Based upon the foregoing, annexation by one municipality may reduce the police jurisdiction of that municipality and the police jurisdiction of a municipality with an overlapping police jurisdiction. The equidistant line would also be recalculated to be the line halfway between the corporate limits of each municipality with overlapping police jurisdictions.
CONCLUSION
Section l1-40-10 of the Code as amended by Act 2021-297, froze or fixed the municipal police jurisdiction to the boundary lines as of January l, 2021.
The equidistant line is the line that is halfway between the corporate limits of two municipalities with overlapping police jurisdictions and it is not necessarily the same as the police jurisdiction line.
Annexation by one municipality may reduce the police jurisdiction of that municipality and the police jurisdiction of a municipality with an overlapping police jurisdiction. The equidistant line would also be recalculated to be the line halfway between the corporate limits of each municipality with overlapping police jurisdictions.
I hope this opinion answers your questions. If this Office can be of further assistance, please contact me.
Sincerely,
STEVE MARSHALL
Attorney General
