AIKEN --- Neighbors Gene Smith and Richard Brancato, residents of Three Runs Plantation, were surprised when they received property tax bills from the city of New Ellenton.

Until November, they hadn't known they were residents of South Carolina's Atomic City.

"When my wife and I purchased the property (in June 2006), there was absolutely nothing to indicate that we were within the city limits of New Ellenton," Mr. Smith said, adding that the deed does not show their property inside the city.

The retired Los Angeles police officer decided to find some answers, and instead came up with more questions regarding New Ellenton's August 2005 annexation of Three Runs Plantation, which is about 3.5 miles east of the city.

Mr. Smith and Mr. Brancato say the subdivision's annexation is not legal under the state's annexation laws.

For a city to annex land, the property has to share a continuous border. The city said that's White Pond Road.

But according to South Carolina Code 5-3-305, "contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another."

New Ellenton Mayor Vernon Dunbar, who took office in 2006, said the city is investigating the annexation.

Mr. Smith and Mr. Brancato brought the issue to members of the Aiken County Council.

"I'm very sympathetic to their plight because on the surface it appears they are paying large amounts in property taxes and receiving very little benefit," County Councilman Scott Singer said.

But he said the county does not have the legal standing to intervene, which is the same answer the two men received from the Secretary of State's Office and the state Attorney General's Office.

"The standard answer from all these people is, 'Get an attorney,' " Mr. Smith said. "I don't understand; if there is a law on the books, why do I need an attorney?"

As city residents they are entitled to water, sewer, police and fire protection.

But the water and sewer infrastructure does not exist, forcing the residents to use septic tanks and wells.

The subdivision is in the New Ellenton Fire District, and the residents would have received fire protection regardless of annexation.

"I can tell you this, that had that property not been annexed into the city and had (the developer) not received the waivers for water and sewer ... the county's subdivision regulations would have required that the developer put in the necessary infrastructure to tie in," Mr. Singer said.

The matter has been brought to the attention of state Rep. Jim Stewart, R-Aiken, who said it appeared the residents had a legitimate complaint and promised to get to the bottom of it.