Exclusion of lands or subdivision from district by petition; payment of expenses of publication of notice and of hearing




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48172248-1722.  Exclusion of lands or subdivision from district by petition; payment of expenses of publication of notice and of hearing

A.  The owners of lands may file with the board of directors of a district a petition for the purpose of excluding from the district their lands which cannot be beneficially served by the district.

B.  The petition shall describe the lands affected, shall state the action desired thereon and the reasons therefor, and shall be sworn to by the petitioners.

C.  A petition may be filed with the board of directors of a district for the purpose of excluding a subdivision from the district.  The petition shall state the name and legal description of the subdivision, request exclusion of the subdivision from the district, be signed by at least fifty per cent of the homeowners or lot owners other than the subdivider or developer of such subdivision and state:

1.  The area to be excluded from the district has been subdivided into building lots.

2.  At least three hundred individuals reside in the subdivision.

3.  The lands within the subdivision have not been beneficially served by the district at any time within five years immediately preceding the date of the petition.

D.  At the time of filing the petition there shall be paid to the treasurer of the district an amount sufficient to cover the estimated expenses of publishing notice and of the hearing. 481722





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