(1) (a) The board of county commissioners shall have prepared a plan for platting the land division study area.
(b) The plan shall include the estimated cost for preparing a subdivision exemption plat and the estimated amount which must be assessed against each property included in the plan in order to repay the cost of the exemption plat. Costs associated with the following activities shall be eligible for inclusion in the cost estimate:
Surveying and engineering;
Drafting;
Computerized mapping;
Aerial photography;
Monumentation;
Title research and documentation;
Preparation of deeds;(VIII) Court costs; and (IX) Project administration.
(c) In addition to the costs set forth in subparagraphs (I) to (IX) of paragraph (b) of this subsection (1), the estimated cost may include a contingency amount of up to fifteen percent of the total costs set forth in such subparagraphs.
(2) (a) The board of county commissioners shall conduct a public hearing to consider adoption of the plan for platting described in subsection (1) of this section and to allow owners of property in the land division study area an opportunity to register either their agreement or objection to having their property included in any subdivision exemption plat for the land division study area.
(b) Notice of the time and place of the hearing shall be given at least thirty days prior to the hearing by publication in a newspaper of general circulation in the county and by certified mail to owners of property included in the land division study area. In addition to the time and place of the hearing, the notice shall include at a minimum the following information:
A map showing the properties included in the land division study area, including theapproximate location of parcel boundaries;
The purpose for which the study area was created;
The process by which a subdivision exemption plat for the land division study areacan be prepared;
The cost estimates for preparation of a subdivision exemption plat, with conspicuous notification that such costs would be assessed against the properties included in the exemption plat;
The opportunity for the property owner to object to this property being included inany subdivision exemption plat for the land division study area; and
A copy of the plan for platting prepared pursuant to subsection (1) of this section.
(3) (a) Any property owner may elect to withdraw from the plan for platting described in subsection (1) of this section by submitting a written request by certified mail to the county clerk and recorder prior to the date of the hearing or by appearing at the hearing and informing the board of county commissioners of his decision to withdraw from the plan.
The board of county commissioners shall exclude properties of owners who requestwithdrawal pursuant to paragraph (a) of this subsection (3) from any plan adopted for platting the land division study area.
The board of county commissioners shall not adopt a plan for platting if the withdrawal of property owners from participation would result in an increase in the amount of the assessment against the remaining properties from that amount which was stated in the plan, unless written consent is obtained from all owners who elect to participate in the plan for platting.
(4) Prior to adoption of any plan for platting a land division study area:
(a) The board of county commissioners shall obtain written consent from each property owner who elects to participate in the plan. Consent on the part of a property owner to participate in the plan shall constitute consent to the following:
Preparation of a subdivision exemption plat for his property;
Temporary conveyance of title to his property to the district court as provided insection 30-28-307;
Payment of the assessment against his property for the cost of preparing the subdivision exemption plat;
(b) Each property owner participating in the plan shall provide evidence of title insurance or other evidence of title which is acceptable to the board of county commissioners for the property which shall be included in the plan for platting. The board of county commissioners shall have the authority to evaluate evidence of title and to exclude properties where title has not been proven to the board's satisfaction.
(5) The board of county commissioners shall adopt the plan for platting by resolution by a majority vote of the full membership of the board.
Source: L. 88: Entire part added, p. 1119, § 1, effective April 20.