(1) The failure of any person in the watershed management area or in an area proposed to be annexed to the watershed management area to file a written objection to a proposed annexation in a properly noticed hearing of the board thereon constitutes the assent of the person to the inclusion in the watershed management area of the area described in the notice of the hearing for annexation.
A determination by the board that a proposed annexation is feasible and in the bestinterests of the district shall be final, conclusive, and not subject to review.
Whenever the board by resolution enters an order annexing real property to the watershed management area, the board shall file the resolution with:
The secretary of state;
The state attorney general;
The division of local government; and
The county clerk and recorder, county assessor, and county treasurer of each countyin which the annexed real property is located.
A board resolution annexing real property to the watershed management area is afinal order and shall finally and conclusively establish the annexation of the real property to the watershed management area against all persons; except that the attorney general, on behalf of the state, within thirty days of the filing of the resolution with the attorney general as required by paragraph (b) of subsection (3) of this section, may file a proceeding in the nature of quo warranto against the annexation. An annexation shall not be directly or collaterally questioned in any suit, action, or proceeding except as expressly authorized in this subsection (4).
After the date of the final annexation of real property to the watershed managementarea by resolution of the board, the annexed real property shall be liable for its proportionate share of existing bonded indebtedness of the district but shall not be liable for any taxes or service charges levied or assessed prior to its annexation to the watershed management area. The annexation of the real property to the watershed management area shall not be made subject to or contingent upon the payment or assumption of any penalty, toll, or charge, other than the taxes and service charges that are uniformly made, assessed, or levied within the watershed management area except as otherwise expressly provided in this article.
The district and the owner of any real property sought to be annexed to the watershedmanagement area may enter into an agreement with respect to the terms and conditions on which the property may be annexed.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 874, § 1, effective April 30.