§ 14-92-401 - Petition by landowners.
               	 		
14-92-401.    Petition by landowners.
    (a)    (1)  The  owners of a two-thirds (2/3) majority in value as shown by the last  county assessment of the real property within any suburban improvement  district may, by written petition, require the board of commissioners of  the district to sell all or any portion of the real or personal  property, or both, owned by the district.
      (2)    (A)  The  petition shall specify with reasonable certainty what property is to be  sold and shall stipulate the sale price and may specify such other  terms and conditions of the sale as to the petitioners may seem  desirable.
            (B)  The sale price  shall in no event be a sum less than the amount necessary to pay all the  outstanding secured indebtedness against the property to be sold.
(b)  Upon  the filing of the petition, the board shall give notice by publication  once a week for two (2) weeks in some newspaper having a general  circulation throughout the district, advising the owners of real  property within the district that on a day therein named the  commissioners will hear the petition and determine whether those signing  it constitute a two-thirds (2/3) majority in value of the owners of  real property within the district.
(c)    (1)  At  the meeting named in the notice, the owners of real property within the  district shall be heard before the board which shall determine whether  the signers of the petition constitute a two-thirds (2/3) majority in  value.
      (2)    (A)  The  finding of the commissioners shall be conclusive, unless within thirty  (30) days thereafter, suit is brought to review its action in the  chancery court of the county in which the district was organized.
            (B)  In  determining whether those signing the petition constitute a two-thirds  (2/3) majority in value of the owners of the real property within the  district, the commissioners and the court shall be guided by the record  of deeds in the office of the recorder of the county and shall not  consider any unrecorded instrument.