Board to order withdrawal of area if remonstrance not filed
- • grounds for denial or granting of petition
(1) If at the time and place set for hearing upon the withdrawal petition no remonstrance is filed, either orally or in writing, the county board shall enter an order withdrawing the designated and described contiguous area from the district. If at the hearing any remonstrance is filed and after the hearing the county board is satisfied that the petition should not be granted, then the board may deny the petition or it may change the boundaries of the area proposed to be withdrawn and grant the petition. The boundaries may be reduced if such boundary change will eliminate the remonstrance filed in whole or in part, and if the county board finds that:
(a) The lands withdrawn could not be benefited by the district; and
(b) The lands remaining in the district will meet the requirements of ORS 372.030 (Location of district).
(2) If the petition is granted, the county board shall enter an order withdrawing the area from the district. [1971 c.514 §30]
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