Addition of territory

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37-1037. Addition of territory

A. Territory adjacent to an organized district may be included therein upon a petition signed by seventy-five per cent of the owners of land, other than publicly owned land, within the territory proposed for addition filed with the district supervisors, requesting the inclusion of their lands in the district.

B. The supervisors shall hold a public hearing upon the advisability and feasibility of including the additional territory, notice of which shall be given by posting at least two weeks prior to the date of the hearing in the office of the supervisors and such other public notice as the supervisors may deem proper. If, after such hearing, the supervisors recommend and the commissioner, upon a review of the findings of the supervisors, approves, the additional land shall become a part of the district. The commissioner shall certify the action to the secretary of state, and the certificate shall be filed with the original certificate of organization of the district.

C. No area, land, property of or lands held by any person under lease or certificate of purchase from the state shall be included in any territory added to any district if the owner or owners of such area, lands, property, certificate of purchase or leaseholds do not desire them to be included in such district.


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