21-1-49 - Automatic by virtue of census results.
§ 21-1-49. Automatic by virtue of census results.
In the event any census taken under an act of congress shall show that any municipality contains less than fifty (50) inhabitants, then such municipality shall be automatically abolished and all its rights and powers as a municipal corporation shall thereupon cease. In such cases it shall be the duty of the secretary of state to make an appropriate notation on the records of such municipal corporation in his office showing that such municipal corporation has been abolished because of having less than fifty (50) inhabitants, and he shall forthwith send a notice to the municipal authorities advising them of such fact, and shall send a copy of the notice to the chancery clerk of the county in which such municipality is located. However, the failure of the secretary of state to make such notation or to send such notice shall not prevent the abolition of such municipal corporation as is herein provided, but such abolition shall result automatically from the fact that the census shows that such municipal corporation has less than fifty (50) inhabitants. Any municipality having not less than fifty (50) inhabitants and having heretofore been abolished under the federal census of 1970 by operation of language formerly employed in this section providing for such abolition should a municipality contain less than ninety-two (92) inhabitants, is hereby restored to all rights and privileges as a municipality after the most recent governing authority of the municipality gives notice to the secretary of state that such municipality desires to be restored to all rights and privileges as a municipality.
Sources: Codes, 1892, § 2919; 1906, § 3310; Hemingway's 1917, § 5806; 1930, § 2381; 1942, § 3374-21; Laws, 1920, ch. 319; Laws, 1950, ch. 491, § 21; Laws, 1962, ch. 536; Laws, 1973, ch. 318, § 1; Laws, 1981, ch. 513, § 1, eff from and after passage (approved April 20, 1981).