48-2815
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48-2815. Exclusion of lands from district; expenses; hearing; appeal; definition A. Notwithstanding chapter 19 of this title, a flood protection district that is located in a county that contains four or more flood protection districts may exclude lands from its jurisdiction if all of the following apply: 1. Five or more property owners within a flood protection district file with the district's board of directors a petition to exclude lands from the district. The petition shall describe the lands affected, state the desired action and reasons and be sworn to by the petitioners. At the time of filing, an amount sufficient to cover the estimated expenses of publishing notice and holding a hearing shall be paid to the secretary of the district. 2. The flood protection district has no outstanding obligations. 3. The board of directors of the flood protection district approves the exclusion of lands by resolution after notice is given and a hearing is held as provided for in sections 48-2946 and 48-2950. 4. Monies held in reserve by the excluding flood protection district are transferred to the county flood control district as prescribed in subsection C of this section. These monies shall be used solely for the benefit and flood protection of the excluded lands. B. On passage of a resolution by the flood protection district's board of directors to exclude lands, the resolution shall be recorded as provided in section 48-2947 and, on recording, the exclusion of lands is complete. C. A flood protection district shall pay to the county flood control district a portion of the monies held in reserve by the excluding flood protection district. The amount payable by the flood protection district shall be a pro rata share of the monies held based on the relationship that the assessed valuation of the lands excluded bears to the total assessed valuation of the lands within the flood protection district. D. Appeals from final actions of the board of directors of a flood protection district on the exclusion of lands are subject to section 48-2951. E. For the purposes of this section, "flood protection district" means any flood protection or flood control district organized pursuant to or before the enactment of this article but does not include a county flood control district organized pursuant to chapter 21 of this title. |