§ 25-8.5-120. Exclusion of Property

1. Any owner of property within the boundaries of the authority may petition to be excluded from the authority.
2. In order for such property to be excluded, the board must determine that the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either:
   1. Was improperly included within the authority; or
   2. Is not tributary to the basin, waters, or watersheds governed by the authority or will not benefit from projects or improvements provided by the authority.
3. Any petition for exclusion shall specify the property to be excluded and evidence that the property complies with the criteria of subsection (2) of this section.
4. The authority shall provide notice of the date, time, and place of the authority’s meeting to consider the petition for exclusion.
5. The authority may approve, modify, or deny a petition for exclusion.
6. If the authority approves a petition for exclusion of property, the authority shall file a copy of said resolution with the division of local government and with the county, municipality, or special district authority members which includes within its boundaries the excluded property, record a copy of the resolution in the office of the county clerk and recorder in the county in which said excluded property is located, and file a copy with the county assessor in such county.

Source: L. 88: Entire article added, p. 1041, § 1, effective April 28. L. 2012: IP(2) amended, (HB 12-1126), ch. 137, p. 499, § 6, effective August 8.