85-9-504. Procedure to exclude lands. Any territory included within any district formed under the provisions of this chapter and not benefited in any manner by such district or its inclusion therein may be excluded therefrom. The procedure for exclusion consists of the following:
     (1) A petition for exclusion shall be initiated by either the directors or the owner or owners of the land sought to be excluded.
     (2) The petition shall give a description of the territory sought to be excluded sufficient to enable a person to determine if his property is in the proposed exclusion; shall set forth that such territory is not benefited in any manner by the district or its continued inclusion therein; and shall request that such territory be excluded from the district.
     (3) When owners of property initiate the petition for exclusion, the petition shall be filed with the secretary of the district and shall be accompanied by a deposit of $100 to meet the costs incident to the process of exclusion. The unexpended balance of the deposit shall be returned to the petitioner.
     (4) Upon the filing of such petition with the secretary of the district, the secretary shall duly call a meeting of the directors to consider the petition. The directors shall approve or disapprove of the merits of the petition. The secretary shall then file the petition, together with a copy of the action of the directors, with the court.
     (5) The court shall give notice, hold a hearing, and issue an order either granting or denying the petition.

     History: En. Sec. 41, Ch. 100, L. 1969; R.C.M. 1947, 89-3441.