7-22-2410. Protest to creation of district. (1) At the hearing provided for in 7-22-2403 or at any time following the first publication of notice of the hearing until the time of the hearing, any qualified elector or an owner of property within the proposed district may file written objections to the creation of the district. The objections must be delivered to the county clerk, who shall endorse on the objections the date of receipt.
     (2) If 51% or more of the qualified electors or of the owners of property within the boundaries of the proposed district file their written objections to the creation of the district, the commissioners may not proceed with the creation of the district.
     (3) If as the result of objections filed the commissioners in their discretion determine that there is a question as to whether or not the creation of a district is in the best interest of an area and the residents in the area, the commissioners may cause the issue to be determined by referendum at the next regular election.

     History: En. Sec. 5, Ch. 183, L. 1953; amd. Sec. 4, Ch. 337, L. 1973; amd. Sec. 3, Ch. 399, L. 1975; R.C.M. 1947, 16-4205(part); amd. Sec. 666, Ch. 61, L. 2007.