§ 31-12-703 — Petition - contents

(1) The petition shall contain the following:

(a) An allegation that such tracts of land contain in the aggregate an area of
twenty or more acres of agricultural or farm land upon or adjacent to the border of
said town;

(b) An allegation that the petitioners are the owners thereof;

(c) The description of the land;

(d) An allegation that no part of such area has been platted into lots or
blocks as a part of or an addition to said town or, if so platted, that such plat has
been vacated within a period of three years after the area was included within the
boundaries of the town. The time limit provided in this paragraph (d) shall not apply
to lands within towns that were incorporated prior to January 1, 1930.

(e) An allegation that all taxes or assessments lawfully due and payable
upon said land up to the time of the presentation of said petition are fully paid;

(f) A representation that, for a period of six years after the effective date of
disconnection, said tracts will not be subdivided into lots or plots of smaller area
than is required during said period for lots within said town adjoining said tracts
under the applicable ordinances or regulations of the town from which
disconnection is sought and will not be used during said period for industrial or
commercial use if during said period the applicable ordinances of the town from
which disconnection is sought prohibits such use in the area within said town
adjoining such tracts.

(2) Any decree of disconnection entered pursuant to this part 7 shall restrict
the use of the land in the manner set forth in paragraph (f) of subsection (1) of this
section, but such restrictions shall not continue to apply to any land which, within
six years after the effective date of the disconnection, is annexed back into the
town.

Legislative History

Source: L. 75: Entire title R&RE, p. 1103, � 1, effective July 1.