§ 31-12-704 — Hearing - decree - proviso

Upon the filing of such petition in the
district court, the judge shall set a date for a hearing, not less than forty days nor
more than sixty days thereafter. The clerk of the court shall serve a copy of the
petition and a notice of the date and the time set for such hearing upon the mayor
of the town. The same must be served at least thirty days prior to the hearing on
such petition by the court. Upon the hearing and proof of the facts set forth in such
petition, the court shall determine whether the tracts of land should be
disconnected from the town, and the judge shall enter an order or decree
accordingly. When a town has improved any of the highways passing through or
adjoining said tracts of land by the construction and maintenance by the town of
any special improvements along, under, or over the same for a period of more than
two years prior to the presentation of the petition, the petitioners are not entitled to
disconnect the land under the provisions of this part 7. Any disconnected land shall
be made subject to the applicable county's zoning resolution and map and other
land development regulations within ninety days after the effective date of the
disconnection as described in section 31-12-501 (5).

Legislative History

Source: L. 75: Entire title R&RE, p. 1103, � 1, effective July 1. L. 2020: Entire section amended, (HB 20-1133), ch. 99, p. 385, � 3, effective September 14.