(1) When any town has failed, for a period of five years or longer immediately prior to the filing of the application under this section, to hold any regular or special election or to elect officers and to maintain any town government, such town may be determined to be abandoned as follows:
The county attorney of the county in which the town is located or any owner of landin such town may make application to the secretary of state to determine that the town is abandoned.
The secretary of state shall forthwith cause notice of the filing of such application tobe published once in some newspaper of general circulation in the county and, where possible, to be posted in at least two conspicuous locations within the town. The notice shall specify the date, time, and place where said application will be heard, which date shall be not less than twenty days after the date of such publication.
The secretary of state shall hear such application and, after receiving evidence thereon, shall determine whether or not said town has been abandoned. If he determines that the town is abandoned, a copy of such determination shall be filed with the county clerk and recorder of the county in which said town was located. Thereupon, said town shall cease to exist.
The books, documents, records, papers, and corporate seal of any town so abandonedshall be deposited with the county clerk and recorder of the county within which the town or any part thereof is located, for safekeeping and reference in the future.
Source: L. 75: Entire title R&RE, p. 1022, § 1, effective July 1.
Editor's note: This section is similar to former § 31-9-201 as it existed prior to 1975.