In Mississippi, cities can forcibly annex unincorporated areas without the consent of residents, as outlined in Title 21, Chapter 1 of the state code. The process begins with a municipal ordinance specifying the targeted territory, promised services like police and utilities, and planned improvements. Notice is published in local newspapers for just three weeks, after which the city petitions chancery court.
A hearing permits objections from affected parties, but no resident vote is mandated. Instead, the chancellor assesses "reasonableness" using 12 criterion set by the Mississippi Supreme Court, including the city's growth needs, financial capacity, health hazards, zoning compatibility, and economic impacts.
Critically, the will of those being annexed is not a factor. If approved, the annexation takes effect swiftly, imposing higher city taxes, stricter regulations, and urban oversight.
The 2021 Olive Branch annexation vividly exposes these flaws. The city aimed to absorb 41 square miles of DeSoto County, later reduced amid fierce pushback. Residents and DeSoto County officials rallied against it, with objectors decrying potential tax increases, erosion of rural liberties—such as keeping livestock—and the adequacy of existing county services.
Supervisor Michael Lee cautioned that "there’s a lot of freedoms you have in the county... Once Olive Branch takes you in, there’s new rules."
Chancellor Percy Lynchard weighted the factors: growth and health supported expansion, but zoning and economics leaned against. On April 5, 2021, he approved 18.5 square miles, effective May 28, while lambasting the law as "grossly inequitable" for compelling residents to wage expensive legal wars against resource-heavy cities without a say. Areas like Center Hill and Lewisburg were engulfed, leaving locals disgruntled over unforeseen costs and alterations.
This system erodes democracy and property rights, subjecting citizens to "taxation without representation." Tax burdens can surge by 50% or more, disrupting lifestyles absent any ballot input.
In Olive Branch, objectors shouldered hefty litigation fees, underscoring a tilted scale favoring municipalities. It invites revenue-hungry expansions that may sideline minorities by weakening their electoral influence and forcing unwanted development.
Lynchard's rebuke highlights a deeper injustice: prioritizing municipal growth over consent in a self-determination era.Reform is imperative. Maryland, for instance, demands at least 25% resident consent.
Mississippi's 2025 bills, like SB2428 authored by Senator Mike McLendon, pushed for mandatory elections in annexed zones but faltered in committee. Bills like Senator McLendon’s bill are often opposed by mayors who have a desire to expand their rule and power.
Legislators must stand for the rights of citizens and institute referendums, perhaps with objection thresholds triggering votes, to empower communities and halt abuses, fostering consensual, equitable progress. Without action, disputes like Olive Branch will breed ongoing rifts.
Today, Olive Branch Mayor Ken Adams, Southaven Mayor Darren Musselwhite, and Hernando Mayor Chip Johnson are endorsing candidates who will do whatever the mayors demand and opposing incumbent Mike McLendon, who has championed citizens' rights and freedoms. McClendon was a leader in the fight protecting the rights of county residents who found themselves without a voice against the deep pockets of government.
This signals renewed annexation pushes, as big-government mayors seem insatiable for your dollars. Mississippi must modernize to protect freedoms and rebuild faith, and politicians who care more about their power and money are not the answer.
I live in OB as part of Old Towne. I always liked the option to move into a more rural environment when and if I chose. What has been done to rural residents is wrong. Anytime a government wants more power over any individual, I am wary. Republicans/Conservatives don't seem very good at conserving lately.
My mother's house was annexed back in the 90s, she does not have sewer lines provided by the city and have been told she won't get any lines on the road in front of her property. The houses across the street are in Southaven. If she had to get rid of her septic tank, she would have to run a line through the back of her property and request ROW from the homeowner to put her line through their property to hook up at to sewer lines. It would be over 100 yards of line she would have to pay out of pocket. No street lights on her side of the road (Southaven has some on their side), only 2 fire hydrants on the OB side for a 1 mile stretch. Can't say she has gotten anything in return for the city taxes which have been paid.