247.530. Owner may petition for exclusion of property from district--procedure.
Owner may petition for exclusion of property from district--procedure.
247.530. 1. The owner or owners of any real or personalproperty contained within the boundaries of the district may filewith the board a petition praying that such property be excludedand taken from said district. Such petition shall describe theproperty which the petitioners desire to have excluded; and mustbe acknowledged in the same manner and form as required in caseof a conveyance of land, and be accompanied by a deposit of moneysufficient to pay all costs of the exclusion proceedings.
2. The secretary of the board shall cause a notice of filingof such petition to be published in the county in which saidproperty is located. The notice shall state the filing of suchpetition, the names of petitioners, description of the propertymentioned sought to be excluded and the prayer of saidpetitioners; and it shall notify all persons interested to appearat the office of said board at the time named in said notice,showing cause in writing why said petition should not be granted.
3. The board at the time and place mentioned in the notice,or at the time or times at which the hearing of said petition maybe adjourned, shall proceed to hear the petition and allobjections thereto presented in writing by any person showingcause as aforesaid, why the prayer of the petition should not begranted. The filing of such petition shall be deemed and takenas an assent by each and all such petitioners to the exclusionfrom the district of the property mentioned in the petition, orany part thereof.
4. The board, if it deems it not for the best interests ofthe district that the property mentioned in the petition, or anyportion thereof, shall be excluded from the district, shall orderthat said petition be denied, but if it deems it for the bestinterest of the district that the property mentioned in thepetition, or some portion thereof, be excluded from the district,then the board may order the property mentioned in the petitionor some portion thereof, excluded from the district. Uponallowance of such petition, the board shall file a certified copyof the order of the board making such changes with the circuitclerk; and upon order of the court said property shall beexcluded from the district, and a copy of the order of the boardand the order of the court shall be filed with the county clerkand recorder.
5. The circuit court having jurisdiction over the district,shall make any such order excluding the property from thedistrict as provided in the order of the board, unless the courtshall find that such order of the board was not authorized bylaw, or that such order of the board was not supported bycompetent and substantial evidence.
(L. 1949 p. 350 § 30)