Inclusion or exclusion - petition - notice - hearing - order.

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(1) The boundaries of any district organized under the provisions of this part 6 may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges whatsoever nor shall it affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file with the board a petition, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The secretary of the board shall cause notice of filing of such petition to be given and published, which notice shall state the filing of such petition, names of petitioners, descriptions of property sought to be included or excluded, and the request of said petitioners.

(2) Such notice shall notify all persons having objections to appear at the office of the board at the time stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned or at such times to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto which may be presented by any person showing cause why said petition should not be granted. The failure of any person interested to show cause shall be deemed as an assent on his part to the inclusion or exclusion of such property as requested for in the petition. If the petition is granted, the board shall adopt an ordinance to that effect and file a certified copy of the same with the county clerk and recorder of the county in which the property is located. Thereupon said property shall be included or excluded from the district.

Source: L. 75: Entire title R&RE, p. 1207, § 1, effective July 1.

Editor's note: This section is similar to former § 31-25-618 as it existed prior to 1975.


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