Petition - contents.

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(1) The petition shall contain the following:

  1. An allegation that such tracts of land contain in the aggregate an area of twenty ormore acres of agricultural or farm land upon or adjacent to the border of said town;

  2. An allegation that the petitioners are the owners thereof;

  3. The description of the land;

  4. An allegation that no part of such area has been platted into lots or blocks as a part ofor an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930.

  5. An allegation that all taxes or assessments lawfully due and payable upon said landup to the time of the presentation of said petition are fully paid;

  6. A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts.

(2) Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) 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 town.

Source: L. 75: Entire title R&RE, p. 1103, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-503 as it existed prior to 1975.


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