321.310. Exclusion of property from district on petition of property owners.
Exclusion of property from district on petition of property owners.
321.310. 1. Any owner of any real or personal propertycontained within the boundaries of the district may file withthe board a petition praying that such property be excluded andtaken from the district. Such petition shall describe theproperty which the petitioner desires 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 ofmoney sufficient to pay all costs of the exclusion proceedings.The secretary of the board shall cause a notice of filing ofsuch petition to be published in the county in which theproperty is located. The notice shall state the filing of suchpetition, the name of the petitioner, description of theproperty mentioned sought to be excluded and the prayer of thepetitioner; and it shall notify all persons interested to appearat the office of the board at the time named in the notice,showing cause in writing, if any they have, why the petitionshould not be granted. The board at the time and placementioned in the notice, or at the time or times at which thehearing of the petition may be adjourned, shall proceed to hearthe petition and all objections thereto presented in writing byany person showing cause as aforesaid, why the prayer of thepetition should not be granted. The filing of such petitionshall be deemed and assent by the petitioner to the exclusionfrom the district of the property mentioned in the petition, orany part thereof.
2. 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, shallorder that the petition be denied; but if it determines that theproperty mentioned in the petition, or any portion thereof,cannot as a practical matter be served by the district or if itdeems it for the best interest of the district that the propertymentioned in the petition, or some portion thereof, be excludedfrom the district, then the board may order the propertymentioned in the petition, or some portion thereof, excludedfrom the district. Upon allowance of such petition, the boardshall file a certified copy of the order of the board makingsuch change with the circuit clerk. Upon order of the court,the property shall be excluded from the district, and a copy ofthe order of the board and the order of the court shall be filedwith the county clerk in each county in which the district lies.The circuit court having jurisdiction over the district shallmake any such order excluding property from the district asprovided in the order of the board, unless the court shall findthat such order of the board was not authorized by law, or thatsuch order of the board was not supported by competent andsubstantial evidence. Any person aggrieved by any decision ofthe board made pursuant to the provisions of this section mayappeal that decision to the circuit court within thirty days ofthe decision for a trial de novo.
(L. 1947 V. I p. 432 § 32, A.L. 1975 H.B. 332, A.L. 1978 S.B. 628, A.L. 1990 S.B. 862)