Legal Definitions - cherry-stem annexation

Cherry-stem annexation refers to a specific method by which a municipality expands its boundaries to include a non-contiguous parcel of land.

In this process, the municipality first annexes a long, narrow strip of land—often a road, utility corridor, or undeveloped area—that connects its existing boundary to a larger, separate parcel it wishes to incorporate. This narrow strip acts like the "stem" of a cherry, linking the main body of the municipality to the desired "cherry" parcel. This technique is typically used to bring a specific, often valuable, area into the city's jurisdiction even if it is not directly adjacent to the city's main boundaries, or to bypass intervening areas that do not wish to be annexed.

• Example 1: Annexing a New Commercial Development

  A rapidly growing city identifies a large, unincorporated tract of land just beyond its current limits, where a major retail developer plans to build a new shopping mall. This tract is separated from the city by a small, undeveloped rural property. To bring the valuable tax revenue from the mall into its jurisdiction, the city annexes a narrow strip of land along the county road that leads directly from its existing boundary to the mall site. This "cherry-stem" allows the city to legally annex the mall property without having to annex the intervening rural parcel.

• Example 2: Securing a Future Industrial Park

  A town wants to establish a new industrial park to attract businesses and create jobs. The ideal location for this park is a large, undeveloped parcel of land currently outside the town's boundaries, separated by a small, established residential neighborhood that has no interest in being annexed. To avoid annexing the unwilling neighborhood, the town annexes a narrow strip of land that follows an existing utility easement or an undeveloped road right-of-way, connecting its current limits to the proposed industrial park site. This narrow connection makes the industrial land contiguous and eligible for annexation.

• Example 3: Incorporating a Community Park

  A suburban community cherishes a large, popular public park that is currently located in an unincorporated county area, just beyond its municipal border. The park is separated from the main town by a small, privately owned farm. To gain direct control over the park's maintenance and future development, and to ensure its residents can easily access it as part of the town, the community decides to annex it. They achieve this by annexing a narrow strip of land along the access road leading from their existing boundary directly to the park, effectively creating a "stem" to incorporate the "cherry" (the park) into their jurisdiction.