Petition of fee owners.

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(1) The fee owner of any real property contiguous to the territorial limits of the watershed management area and capable of being served with facilities of the district may file with the board a petition in writing seeking the inclusion of the property in the watershed management area.

(2) The petition authorized in subsection (1) of this section shall:

  1. Set forth an accurate legal description of the property owned by the petitioners;

  2. State that assent to the annexation of the property is given by the signers thereto,constituting all the fee owners of the property; and

  3. Be acknowledged in the same manner required for conveyance of land.

  1. A fee owner may not withdraw a petition after consideration by the board or filefurther objections except in the case of fraud or misrepresentation.

  2. The board shall hear a petition filed pursuant to subsection (1) of this section at anopen meeting after publishing notice of the filing of the petition, the place, time, and date of the meeting, and the names and addresses of the petitioners in a newspaper of general circulation in the county or counties in which the real property proposed to be annexed is located.

  3. The board shall grant a petition by resolution if it determines that the proposed annexation is feasible and in the best interests of the district. The board may determine that annexation of only a portion of the property proposed to be annexed is appropriate.

Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 871, § 1, effective April 30.


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