318.257 - Exclusion.
318.257 Exclusion.
1. A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district.
2. Petitions shall:
(a) Describe the property which the petitioners desire to have excluded.
(b) State that the property is not capable of being served with facilities of the district, or would not be benefited by remaining in the district or by any future improvement it might make.
(c) Be acknowledged in the same manner and form as required in case of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.
3. The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:
(a) State the filing of such petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
(d) State the prayer of the petitioners.
(e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.
4. The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted.
5. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.
6. The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.
7. If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.
8. There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.
9. Upon allowance of such petition, the board shall file for record a certified copy of its resolution making such change, as provided in NRS 318.075.
(Added to NRS by 1967, 1610)