§ 14-40-2004 — Hearing in circuit court - Appeal

(a) (1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter. (2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter. (b) (1) (A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter. (B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings. (2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter. (c) The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction. (d) In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in § 14-40-2002(b)(3)(B)(iii) shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court.

Legislative History

Amended by Act 2013, No. 1455,§ 2, eff. 8/16/2013. Acts 2001, No. 1525, § 3.