Factors for consideration by commission.

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7-25A-44. Factors for consideration by commission.

The county commission after conducting a hearing pursuant to this chapter, shall consider the following:

(1)Whether all statements contained within the petition have been found to be true and correct;

(2)Whether all the debts will be paid or assumed prior to termination;

(3)Whether fifty percent of the owners have consented to the termination or contraction;

(4)Whether, in the sound discretion of the county commissioners, there is good cause for termination or contraction of the district;

(5)Whether, in a proposed expansion, the expansion of the district is consistent with any applicable comprehensive plan or effective local government plan;

(6)Whether, in a proposed expansion, the affected area is sufficiently contiguous to the existing district to be developable with the existing district as one functional interrelated community; and

(7)Whether, in a proposed expansion, the probable beneficial impact of the expansion of the district outweighs any probable adverse socioeconomic impact of the proposed expansion of the district.

Source: SL 1989, ch 59, §44; SL 1990, ch 52, §9.


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