§ 31-25-1208 — Boundaries - exclusion proviso

(1) The boundaries of a district
may consist of contiguous or noncontiguous tracts or parcels of commercial
property. No property shall be included within the boundaries of the district which
is not commercial property. No district may be organized wholly or partly within an
existing district.

(2) Notwithstanding any provision of this part 12 to the contrary, no tract of
land which is classified for property tax purposes as residential or agricultural shall
be included in the boundaries of any district organized pursuant to this part 12. No
personal property which is situated upon real estate not included in the boundaries
of a district shall be included within such district. If, contrary to the provisions of
this section, any such tract, parcel, or personal property is included in the
boundaries of any district, the owners thereof, on petition to the governing body,
shall be entitled to have such property excluded from such district free and clear of
any contract, obligation, lien, or charge to which it may be liable as a part of such
district.

(3) If the property tax classification of any tract of land lying within the
service area of any district organized under the provisions of this part 12 has been
or is changed from residential or agricultural to any other classification, such lands
and the personal property thereon shall no longer be excluded from the boundaries
of said district and shall be subject to all obligations, liens, or charges of such
district on and after January 1 of the year following such change.

Legislative History

Source: L. 88: Entire part added, p. 1132, � 1, effective May 6.