Alabama Attorney General Opinion 1979-0015

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 361: 79-00015 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL January 23, 1979 File #14 1-26-79 E. Charles Ogden, III, Esquire P.O. Drawer 68 Guntersville, Alabama 35976 Municipalities - Annexation City may annex territory separated from it by river. Dear Mr. Ogden: The Attorney General received your request for an opinion from this office as to whether the City of Guntersville can annex in accordance with Code of Alabama 1975, Title 11, Chapter 42, Article 2 certain territory separated from it by the Tennessee River and other waters impounded by a dam. Your question is to be answered in the affirmative. Code of Alabama 1975, Section 11-42-21 requires that terri- tory annexed to a municipality under the provisions of Article 2 be contiguous to the municipality to which it is to be added. The courts have ruled in considering the question of whether terri- tory separated by a river could be annexed to a city, that the river did not break the contiguity between the territory and that city. Vestal v. Little Rock, 54 Ark. 321, 15 S.W. 891; McGraw v. Merryman, 133 Md. 247, 104 A 540; Toney v. Charleston, 237 S. C. 475, 117 S.E. 2d 872. Therefore, it is the opinion of this office that the City of Guntersville may annex certain territory separated from it by the Tennessee River and other lakes and streams. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- Lynda F. Knight LYNDA F. KNIGHT Assistant Attorney General LFK/aw