85-9-504. Procedure to exclude lands. Any territory included within a district formed under the provisions of this chapter and not benefited in any manner by the district or its inclusion in the district may be excluded from the district. The procedure for exclusion consists of the following:
(1) A petition for exclusion must be initiated by either the directors or the owner or owners of the land sought to be excluded.
(2) The petition must:
(a) give a description of the territory sought to be excluded sufficient to enable a person to determine if the person's property is in the proposed exclusion;
(b) set forth that the territory is not benefited in any manner by the district or its continued inclusion in the district; and
(c) request that the territory be excluded from the district.
(3) When owners of property initiate the petition for exclusion, the petition must be filed with the secretary of the district and must be accompanied by a deposit of $100 to meet the costs incident to the process of exclusion. The unexpended balance of the deposit must be returned to the petitioner.
(4) Upon the filing of the petition with the secretary of the district, the secretary shall call a meeting of the directors to consider the petition. The directors shall approve or disapprove of the merits of the petition. The secretary shall then file the petition, together with a copy of the action of the directors, with the court.
(5) The court shall give notice, hold a hearing, and issue an order either granting or denying the petition.
History: En. Sec. 41, Ch. 100, L. 1969; R.C.M. 1947, 89-3441; amd. Sec. 2824, Ch. 56, L. 2009.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.