The fight over whether one small property a step away from the Helena city limits — but over the Jefferson County line — should be allowed to join the Queen City has come before state lawmakers.

The same question has already been the subject of an attorney general’s opinion and a pending lawsuit.

A bill sponsored by Sen. Terry Murphy, R-Cardwell, would require cities seeking cross-county annexations to get approval from their neighboring county commissioners.

“It’s not a (local) spat,” Murphy told members of the Senate Local Government Committee on Tuesday. “It’s simply trying to answer a legal question as to whether a county line means anything.”

Opponents said if the issue isn’t local, then it’s at least extremely rare. They spoke out against a change they said would make cities subservient to neighboring counties.

Supporters claimed the bill would open lines of communication between cities and neighboring counties, while opponents said the legislation would give county commissioners undue veto power over proposed annexations.

Attorney Michael Kakuk, representing the Montana Association of Realtors, said he doesn’t see a difference between Helena annexing south into Jefferson County or annexing north, east or west into Lewis and Clark County, which never has a say in the action.

“Why is it different when they grow south?” he said. “What difference does that make? Giving any other county an absolute veto makes no sense.”

“I cannot find one logical or legal reason (for it),” Kakuk said.

Current state law, which doesn’t specifically address cross-county annexations, already provides methods for communication between city and county government, regardless of whether the city is located adjacent to or within the county, Helena City Manager Tim Burton said.

Gordon Morris, a lobbyist representing Lewis and Clark County, which opposes the bill, agreed the issue can be resolved under existing state law.

“Current law can take care of it,” Morris said. “What we’re dealing with is an inability or failure to communicate.”

Burton noted Murphy’s bill contains no method for landowner representation. If county commissioners deny a proposed annexation, the city and property owner have no other options — a situation that could lead to lawsuits, Burton said.

While some supporters complained Helena is forcing annexation on northern Jefferson County, city officials have long maintained they are simply responding to a request by Jim and Jan Paulsen, who own four acres south of the county line — a stone’s throw from the city’s water and sewer lines.

The state Department of Environmental Quality, following state administrative rules, denied a proposed septic system and drain field on the property because it’s within 500 feet of Helena’s service lines.

The Paulsens asked to connect to the city’s water and sewer lines. A city ordinance requires any service connection come hand-in-hand with a waiver of annexation. While Murphy suggested, as Jefferson County officials have, the city could make an exception, Helena officials have resisted a change to the ordinance.

Burton said it’s in Helena’s best interest to annex any property it serves in order to raise tax revenue for fire and police protection.

City commissioners have not yet considered the Paulsens’ request.

Montana City School officials said they’re worried any annexation could increase high-density growth in northern Jefferson County, forcing them to expand their facility before they can afford to.

Ash Grove Cement Company plant manager Dick Johnson said he worries any annexation will result in more growth, conflicting with the plant’s noisy, 24-hour operation.

“We run the risk of being squeezed out,” Johnson said.

A number of residents and Jefferson County officials said they worry cross-county annexation will eat away at citizen-initiated zoning in the area.

Kris Minard, a member of the Jefferson County Zoning Commission, noted the city hasn’t forced the annexation. But she fears city officials in the future could begin expanding Helena’s boundaries without regard for landowner’s wishes.

“The city of Helena is not forcing any annexation on us at this point, but it is our fear that they could do that at some point,” Minard said. “If our county is annexed piece by piece, that citizen-initiated zoning disappears.”

Montana League of Cities and Towns Executive Director Alec Hansen said Helena doesn’t have the power to annex at will because state law provides for citizen protests of annexations.

“The people out there in Jefferson County that are afraid of Helena sweeping in like some invader … under Montana law, that cannot happen,” Hansen said.

The committee took no action on the bill, SB339.

Larry Kline can be reached at 447-4075 or larry.kline@helenair.com