Section 247.530

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 247

Effective - 28 Aug 1949   

  247.530.  Owner may petition for exclusion of property from district — procedure. — 1.  The owner or owners of any real or personal property contained within the boundaries of the district may file with the board a petition praying that such property be excluded and taken from said district.  Such petition shall describe the property which the petitioners desire to have excluded; and 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.

  2.  The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property is located.  The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned sought to be excluded 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 why said petition should not be granted.

  3.  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.

  4.  The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or any 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 changes with the circuit clerk; and upon order of the court said property shall be excluded from the district, and a copy of the order of the board and the order of the court shall be filed with the county clerk and recorder.

  5.  The circuit court having jurisdiction over the district, shall make any such order excluding the property from the district as provided in the order of the board, unless the court shall find that such order of the board was not authorized by law, or that such order of the board was not supported by competent and substantial evidence.

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(L. 1949 p. 350 § 30)