7-22-2443. Decision on petition for annexation. (1) Except as provided in subsection (2), if, upon the hearing provided for in 7-22-2442, the commissioners believe it to be to the best interests of the area and those resident therein that such area be annexed to the district, they shall, by an order duly made and entered on their minutes, declare the area in question to be annexed to the district, and such annexed area shall thenceforth be considered a part of such district for all purposes as originally included therein.
     (2) (a) If 51% or more of the qualified electors or of the property owners in the area proposed to be annexed to the district file their objections to the creation of such district, the commissioners shall not act on such petition.
     (b) If as a result of objections filed the commissioners in their discretion determine the question in doubt whether or not the annexation of the area is to the best interest of the area and of the residents therein, the commissioners may cause the issue to be decided by referendum at the next regular election.

     History: En. Sec. 6, Ch. 183, L. 1953; amd. Sec. 5, Ch. 337, L. 1973; amd. Sec. 4, Ch. 399, L. 1975; R.C.M. 1947, 16-4206(part).