42-3219. EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition, and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied, but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court said property shall be excluded from the district.
History:
[42-3219, added 1947, ch. 152, sec. 19, p. 364.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 32 - WATER AND SEWER DISTRICTS
Section 42-3201 - DECLARATION OF PURPOSE.
Section 42-3202 - DEFINITION OF TERMS.
Section 42-3202A - RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION.
Section 42-3202C - CHANGING STATUS OF DISTRICT.
Section 42-3203 - JURISDICTION TO ESTABLISH DISTRICTS.
Section 42-3204 - PETITION — CONTENTS — AMENDMENTS.
Section 42-3205 - BOND OF PETITIONERS.
Section 42-3206 - NOTICE OF HEARING ON PETITION — JURISDICTION.
Section 42-3207 - HEARINGS ON PETITIONS — ELECTION FOR ORGANIZATION AND DIRECTORS.
Section 42-3208 - QUALIFICATION OF MEMBERS OF BOARD.
Section 42-3210 - MEETINGS — VACANCIES.
Section 42-3211 - ELECTIONS — TERMS OF OFFICE.
Section 42-3211a - EXPIRATION OF TERM.
Section 42-3211b - DECISION TO ESTABLISH BOARD DIRECTOR ZONES.
Section 42-3212 - GENERAL POWERS OF BOARD.
Section 42-3214 - LEVY AND COLLECTION OF TAXES.
Section 42-3215 - LEVIES TO COVER DEFAULTS AND DEFICIENCIES.
Section 42-3216 - OFFICERS TO LEVY AND COLLECT TAXES.
Section 42-3217 - SINKING FUND.
Section 42-3218A - SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.
Section 42-3218B - ESTABLISHMENT.
Section 42-3218C - NATURE AND POWERS.
Section 42-3218D - INDEBTEDNESS — BOND ISSUES.
Section 42-3219 - EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Section 42-3220 - LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.
Section 42-3221 - ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.
Section 42-3222 - INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE.
Section 42-3223 - NOTICE OF ELECTION.
Section 42-3224 - CONDUCT OF ELECTION — CANVASS OF RETURNS.
Section 42-3225 - EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.
Section 42-3226 - CORRECTION OF FAULTY NOTICES.
Section 42-3227 - SEPARABILITY.
Section 42-3228 - BUDGET AND HEARING.
Section 42-3229 - NOTICE OF HEARING.
Section 42-3230 - PUBLIC INSPECTION OF BUDGET — TIME AND PLACE.
Section 42-3231 - QUORUM OF BOARD AT HEARING.
Section 42-3232 - VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER.
Section 42-3233 - MERGER AUTHORIZED.
Section 42-3234 - MAJORITY VOTE REQUIRED.
Section 42-3235 - VOTING PROCEDURE.
Section 42-3237 - COURT ORDER DECLARING MERGER.
Section 42-3238 - PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION.
Section 42-3239 - DISSOLUTION OF A DISTRICT UPON TRANSFER OF ASSETS TO MUNICIPALITY.
Section 42-3240 - ANNEXATION OR WITHDRAWAL OF AREA IN A CITY.