§ 31-3-201 — Procedure for determination of abandonment

(1) When any town
has failed, for a period of five years or longer immediately prior to the filing of the
application under this section, to hold any regular or special election or to elect
officers and to maintain any town government, such town may be determined to be
abandoned as follows:

(a) The county attorney of the county in which the town is located or any
owner of land in such town may make application to the secretary of state to
determine that the town is abandoned.

(b) The secretary of state shall forthwith cause notice of the filing of such
application to be published once in some newspaper of general circulation in the
county and, where possible, to be posted in at least two conspicuous locations
within the town. The notice shall specify the date, time, and place where said
application will be heard, which date shall be not less than twenty days after the
date of such publication.

(c) The secretary of state shall hear such application and, after receiving
evidence thereon, shall determine whether or not said town has been abandoned. If
he determines that the town is abandoned, a copy of such determination shall be
filed with the county clerk and recorder of the county in which said town was
located. Thereupon, said town shall cease to exist.

(d) The books, documents, records, papers, and corporate seal of any town
so abandoned shall be deposited with the county clerk and recorder of the county
within which the town or any part thereof is located, for safekeeping and reference
in the future.

Legislative History

Source: L. 75: Entire title R&RE, p. 1022, � 1, effective July 1.