Contents of petition.

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(1) The petition shall contain the following:

  1. A description of the land sought to be disconnected;

  2. An allegation that the land contains in the aggregate an area of twenty or more acresand is located upon or adjacent to the border of the city;

  3. An allegation that no part of the land has been duly platted into lots and blocks as apart of or addition to the city;

  4. An acknowledgment that, for a period of six years after the effective date of thedisconnection, the land shall not be subdivided into lots or plats of smaller area than is required during such period for lots within the city adjoining the land sought to be disconnected under the applicable ordinances or regulations of such city;

  5. An acknowledgment that the land shall not be used during said six-year period forindustrial or commercial uses if, during such period, the applicable ordinances of the city prohibit such uses upon the area within the city adjoining such land;

  6. An allegation that all taxes or assessments lawfully due upon the land up to the timeof the filing of the petition have been fully paid.

(2) Any decree of disconnection entered pursuant to this part 6 shall restrict the use of the land in the manner set forth in paragraphs (d) and (e) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the city.

Source: L. 75: Entire title R&RE, p. 1101, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-402 as it existed prior to 1975.


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