Petition of eligible electors.

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(1) Not less than ten percent or one hundred, whichever number is smaller, of the eligible electors of any real property that is contiguous to the watershed management area and contains twenty-five thousand or more square feet of land may file a petition with the board in writing seeking the annexation of the property to the watershed management area; except that no single tract or parcel or property containing ten acres or more may be included in the watershed management area without the consent of the owner.

  1. A petition shall describe the area to be annexed and shall be acknowledged in thesame manner required for conveyances of land.

  2. The board shall cause notice of the filing of a petition to be published in a newspaperof general circulation in the county or counties in which the property proposed to be annexed is located, and the notice shall state:

  1. That a petition has been filed;

  2. The names of the petitioners;

  3. A description of the area proposed to be annexed;

  4. The place, time, and date of a board hearing on the proposed annexation at which theboard will consider the petition and all written objections to the petition; and

  5. A statement that all interested persons may appear at the board hearing and showcause in writing why the petition should not be granted.

  1. The eligible electors may not withdraw a petition after consideration by the board orfile further objections except in the case of fraud or misrepresentation.

  2. 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.

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


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