§ 15-1-421 — Municipal de-annexation

(a) Any landowner within a city or town may petition the
governing body of the city or town to have his land or a portion
of it de-annexed and the boundaries of the city or town redrawn
so their land is outside the city or town boundaries. The
landowner shall file the petition with the clerk of the affected
city or town and shall also provide a copy of the petition to
the county commissioners of the affected county. The county
commissioners shall, within sixty (60) days, prepare a report on
the impact of the de-annexation. The affected city or town may
not take any action on the petition for de-annexation until
after the sixty (60) day period. The commissioners may establish
rules and regulations for the area to be de-annexed which are
consistent with county land use plans and zoning ordinances.
(b) The petitioner shall be responsible for publishing a
public notice of the petition in a newspaper of general
circulation in the affected municipality no more than ten (10)
days after filing the petition with the municipal clerk. The
notice shall also include a map showing identifiable landmarks
and boundaries.
(c) The governing body of the city or town may by
ordinance provide for this de-annexation and redrawing of
boundaries provided that:
(i) The owners of all the land to be de-annexed
either sign the petition for de-annexation or consent to the
de-annexation within one hundred twenty (120) days after the
final passage of the de-annexation ordinance and before its
effective date. The passage of the ordinance shall serve as the
consent of the city or town for any land owned by the city or
town within the area to be de-annexed;
(ii) The ordinance is adopted within one hundred
twenty (120) days after the receipt of the de-annexation
petition and within one hundred eighty (180) days after the
landowner's signature of the petition, unless a further consent
of all the landowners is obtained before the effective date of
the ordinance; and
(iii) If the de-annexation causes land within the
city or town boundaries to no longer be contiguous with the rest
of the city or town, the de-annexation ordinance may be adopted
only with the consent of all the owners of the land to be
isolated by the de-annexation.
(d) If the city or town owns any rights-of-way, easements,
streets or other property or improvements within the area to be
de-annexed it may:
(i) Vacate or abandon them;
(ii) Transfer them to the county government with the
consent of the county commissioners;
(iii) Agree to transfer them to another city or town
upon completion of the annexation of all or part of the
de-annexed land to that other city or town;
(iv) Retain ownership of them.
(e) No de-annexation shall create an area which is
situated entirely within the municipality but is not a part of
the municipality.
(f) The landowner petitioning to have land de-annexed and
his successors and assigns shall remain liable for any
assessments incurred or levied while the land was within the
city or town boundaries and for all mill levies necessary to
repay any indebtedness that was outstanding at any time the
property was within the city or town boundaries. Neither the
de-annexation nor subsequent annexation to or incorporation as
another city shall increase or decrease these liabilities.