§ 14-125-404 — Results of referendum - Commission determination

(a) The commission shall publish the results of the referendum and shall thereafter consider and determine whether the division or combination requested in the petition is administratively practicable and feasible. (b) If the commission shall determine that the division or combination of the district or districts is not administratively practicable and feasible, it shall record the determinations and deny the petition. If the commission shall determine that the division or combination is administratively feasible and practicable, it shall record the determinations and proceed with the division or combination of the district or districts in the manner hereafter provided. (c) In making the determinations, the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the defined boundaries of the districts to be affected; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the division or combination of the district or districts to the total number of votes cast; (4) The approximate wealth and income of the land owners of the proposed new district or districts; (5) The probable expense of carrying on erosion-control operations within the district or districts; and (6) Such other economic and social factors as may be relevant to the combination, having due regard to the legislative determinations set forth in §§ 14-125-102 - 14-125-104 . (d) However, no district or districts may be divided or combined if a majority of land owners voting vote against either the particular division or combination which is submitted to their vote as hereinabove provided.

Legislative History

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.