Petitions for inclusion of territory wholly within another district
- • approval or disapproval by directors and department
(1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by:
(a) A petition for inclusion filed with the directors of the district within which the territory is proposed to be included, signed by 25 or two-thirds, whichever is the lesser, of the landowners of the adjacent territory; or
(b) Resolutions for inclusion adopted by the board of directors of each district to be affected by the inclusion and filed with the State Department of Agriculture.
(2) The department shall prescribe the form for such petitions. The directors of the district within which the territory is proposed to be included shall approve or disapprove such a petition. If they approve the petition, the directors shall forward it to the department.
(3) Upon receipt of a petition forwarded as provided in subsection (2) of this section or a resolution as provided in subsection (1)(b) of this section, the department shall investigate the proposed inclusion of territory, taking into consideration:
(a) The reasons for the proposed inclusion.
(b) The reaction of the landowners of the district within which the territory in question is located to the proposed inclusion.
(c) The effect of the inclusion on the district within which the territory in question is located and the district within which the territory is proposed to be included.
(d) Any other matters deemed pertinent by the department.
(4) After the investigation the department shall approve or disapprove the petition. If the department approves the petition, the inclusion of the territory within the one district and the withdrawal thereof from the other district shall be effective, and the department shall present to the Secretary of State a statement of such approval and a map of each district affected showing the new boundaries thereof. The Secretary of State, upon receipt of the statement and maps, shall make the necessary changes in the appropriate records in the office of the secretary. [1955 c.142 §3; 1973 c.656 §6; 1981 c.92 §20]
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