The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5516 July 31, 1979 HOME RULE CITIES ACT: Annexation of state-owned property STATE: Annexation of state-owned property by home rule city By complying with the prescribed statutory requirements, a city may annex state-owned land. Honorable Richard J. Allen State Senator The Capitol Lansing, Michigan You have asked for my opinion on the following two questions: (1) May a city annex the property of a charter authority? (2) May a city annex property owned by the State of Michigan? With respect to your first question, my office is currently involved in litigation on behalf of the Michigan State Boundary Commission which involves the same issue. (1) It is therefore inappropriate for me to render an opinion. Addressing your second question, the home rule cities act, 1909 PA 279; MCLA 117.1 et seq; MSA 5.2071 et seq, provides in section 9(1) as follows: '. . . When a petition signed by the state by the appropriate agency designated by the state administrative board which holds the record legal title to the entire area of the land in the territory adjacent to the city to be annexed, is filed with the governing body of the city and with the township board of the township in which such territory is situated, such annexation may be accomplished by the affirmative majority vote of the governing body of such city and the approval of the township board of such township.' MCLA 117.9(1); MSA 5.2088(1). Further, 1909 PA 279, supra, Sec. 9(7) permits an alternate method of annexation of state land: 'In addition to the methods for initiating annexation as provided in this act, a petition or resolution as follows may be sutmitted to the state boundary commission in a form and manner prescribed by it: . . . (b) By petition by the persons, firms, corporations, the United States government or the state or any of its subdivisions who collectively hold record title to 75% or more of the area of the land exclusive of streets in the territory proposed for annexation at the time for filing the petition.' [Emphasis supplied] MCLA 117.9(7); MSA 5.2088(7). A third method for annexation of state-owned land by a city is found in 1909 PA 279, supra, Sec. 9(8), which provides in pertinent part: '. . . As an alternate method, where there are no qualified electors residing in the territory proposed to be annexed to the city, other than the person or persons petitioning, a petition signed by a person or persons, firms, corporations, the United States government, or the state or any of its subdivisions who collectively hold the record legal title to more than 1/2 of the area of the land in the territory to be annexed is filed with the city council of the city and with the township board of the township in which such territory is situated, such annexation may be accomplished by the affirmative majority vote of the city council of such city and the approval of the township board of such township. . . .' [Emphasis supplied] MCLA 117.9(8); MSA 5.2088(8). The Charter Townships Act, 1947 PA 349; MCLA 42.1 et seq; MSA 5.46(1) et seq, as amended by 1978 PA 591 (effective January 4, 1979), provides in section 34 that charter townships meeting certain criteria are exempt from annexation by contiguous cities, with certain exceptions. Section 34(4) provides as follows: '. . . [I]f a qualified elector does not reside in the territory proposed to be annexed which is contiguous to the city or village other than the 1 or more persons petitioning, or if a petition signed by 1 or more persons, firms, corporations, the United States government, or the state or any of its subdivisions which collectively hold the recorded legal title to more than 1/2 of the area of the land in the territory to be annexed is filed with the city or village and with the township board of the charter township in which the territory is situated, the annexation may be accomplished by the affirmative majority vote of the city council or village board of the city or village and the approval of the charter township board of the township.' [Emphasis supplied] MCLA 42.34(4); MSA 5.46(34)(4). The four statutory methods set forth above permit the state to consent by initiating or joining in a petition for the annexation to a city of all or part of state land situated in the territory proposed for annexation. It is therefor my opinion that, by complying with the prescribed statutory requirements, a city may annex state-owned land. Frank J. Kelley Attorney General (1)