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Chirol
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Chirol

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May 27th, 2009

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Disincorporation

The WSJ has yet another sign of the dissolution of political units into ever smaller ones. As the economy worsens and states, cities, communities and families move to, or at least explore, becoming more independent, self-sufficient and resilient, we’ll see things like this happening more often.

As the recession batters city budgets around the U.S., some municipalities are considering the once-unthinkable option of dissolving themselves through “disincorporation.”

Benefits of this move vary from state to state. In some cases, dissolution allows residents to escape local taxes. In others, it saves the cost of local salaries and pensions. And residents may get services more cheaply after consolidating with a county.

In Mesa, Wash., a town of 500 residents about 250 miles east of Portland, Ore., city leaders have initiated talks with county officials about the potential regional impact of disincorporating. Mesa has been hit by a combination of the recession and lawsuits that threaten its depleted coffers, leaving few choices other than disincorporation, said Robert Koch, commissioner of Franklin County, where Mesa is located.

With this trend devolving power and responsibility to lower and lower levels, another interesting question to consider in the long term, is whether this will lead to the division of states. Consider northern Virginia (Fairfax County), Texas and California. Perhaps it will eventually lead to statehood in places like Washington, D.C. I discussed this awhile back here. Although the financial crisis may be the primary motivator for decisions at the moment, it seems to be only reinforcing an already growing trend.

Comments to this entry

Curzon
May 27, 2009
5:49 am
Fascinating. This is something where the US is unique in the flexible options available because its a federation of separate states -- Japan, for example, has a unitary system when it comes to local government, and the obligations of all municipalities are ultimately guaranteed by the central government. Towns and cities that took on huge debts in the last few decades are now facing collapse and are being restrutured and reorganized by the central government, but at the end of the day the central government has to cover whatever default happens.
Joe Jones
May 27, 2009
7:53 am
The central government would also have to sign off on any such change, per Article IV of the Constitution....

"New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."

The possible political outcomes are indeed fascinating to contemplate.
Curzon
May 27, 2009
8:17 am
Those are states Joe, not municipalities, correct?
Sejo
May 27, 2009
9:48 am
Could someone please explain how it works an incorporation – is that correct? – for a town? What does that mean and imply? Isn't an «Inc.» a form of business, as an «Ltd.»?
TDL
May 27, 2009
4:18 pm
Sejo,
All (if I am not mistaken) political entities are incorporated much like a business is. I believe this tradition stems from the charters once granted by the English crown to create new towns & colonies. I may be off base here, but that is my understanding. For instance, it is my understanding that the oldest corporate charter (or incorporation) in the U.S. is the State Department (again I may very well be incorrect.)

I also wanted to add the northwest suburbs of Cook County, IL (home of my very own Chicago) which are deliberating whether or not to secede from Cook County and form their own county. These are wealthier, Republican leaning suburbs that have little in common with the more liberal suburbs & city of Chicago.

Regards,
TDL
Chirol
May 27, 2009
4:35 pm
TDL: That's an interesting trend. I read an article about a similar one in southwestern CA which has little to nothing in common with the rest of the state. But there, the idea was a potential state, not county.
Sejo
May 27, 2009
4:52 pm
Thank you very much, TDL. I have to look for a book about these arguments: I completely ignore the United States federal laws.
Michael
May 28, 2009
1:44 am
It sounds like a cost savings for a rich suburb to break away from the poorer parts of a metropolitan area, but how many of the richer part's citizens will still need or want drive to jobs and entertainments in those poorer parts? How many of its hospitals and low-wage employees will still be in the poorer parts? And how many criminals will still be a quick car ride from the richer parts?

Disincorporation only makes sense when the splitting parts aren't dependent on one another.
Roy Berman
May 28, 2009
3:50 am
I find it pretty unlikely that Congress will allow any states to split apart into multiple states, with the possible yet highly unlikely exception of DC, due to it's special status. Do local governments have to approve the disincorporation of a municipality in the same way that Congress must approve the reorganization of a State of the union?
TDL
May 28, 2009
8:42 am
Michael,
In respect to the specific situation I was referring to, it would be outright secession from a existing county. This secession would effect a dis-incorporation and then the creation of two new corporations; but, this event would not be an attempt to separate from the economy in which these suburbs exist. It would be nearly impossible for the remainder of the county or the city to alienate or attempt to oppress members of the new county. This event would be a political realignment, not an economic or social one. Dependency is not the issue, governance is.

Regards,
TDL
Curzon
May 28, 2009
8:57 am
TDL, as you state your understanding, I believe that is correct both in the historical US/English context and in the comparative international perspective. From one non-Anglo/Common Law perspective, under Japan's "Local Autonomy Law," the basis of local rule in Japan, Article 2 states "Local public municipalities shall be corporations."
Kirk Sowell
May 28, 2009
10:28 pm
I think many of these cases - especially the recent ones - really are for the superficial financial reasons the article gives - it saves money not to have local government if its not really necessary. Since there is always the county unit to pick up services like police, and education is handled by school districts, there is no particular reason not to disincorporate if you run out of money or have to raise taxes on yourself. City councilors are much closer to the people they represent than members of Congress. If you raise local taxes too much in a small town, people you know personally in the community might give you a piece of their mind.

But there are other cases which really are lack of common identity cases. Chicago is an example, for sure. DC is also an example, and most people who work there are protected by geography - they can drive back to their Virginia or Maryland suburb. Northeast Washington might as well be in a foreign country as far as most people in the DC area are concerned.
PB
May 29, 2009
12:39 am
Fascinating. This is something where the US is unique in the flexible options available because its a federation of separate states -- Japan, for example, has a unitary system when it comes to local government, and the obligations of all municipalities are ultimately guaranteed by the central government. Towns and cities that took on huge debts in the last few decades are now facing collapse and are being restrutured and reorganized by the central government, but at the end of the day the central government has to cover whatever default happens.
Michael
May 30, 2009
3:16 am
My bad for sloppy wording, but the rest of what I said applies for secession. If rich suburb secedes from poor county, they take taxes with them that'll be denied to what's left of said county, which puts additional hardships on those residents of rich suburb who depend on the services of that county.

"In respect to the specific situation I was referring to, it would be outright secession from a existing county. This secession would effect a dis-incorporation and then the creation of two new corporations; but, this event would not be an attempt to separate from the economy in which these suburbs exist. It would be nearly impossible for the remainder of the county or the city to alienate or attempt to oppress members of the new county. This event would be a political realignment, not an economic or social one. Dependency is not the issue, governance is. "
Roy Berman
June 4, 2009
1:16 pm
More news on this topic, NY State is moving to make re-consolidation of local governments easier and more standardized.

http://www.nytimes.com/2009/06/04/nyregion/04consolidate.html?ref=nyregion