17-2-106 - Effect of consolidation.
17-2-106. Effect of consolidation.
(1) All territory included within the boundaries of the originating county becomes, uponconsolidation, the territory of the consolidating county.
(2) The precincts and school districts existing in the originating county continue andbecome precincts and school districts in the consolidating county and remain as then organizeduntil changed in the manner provided by law, and the officers of those precincts and schooldistricts hold their respective offices until the expiration of the applicable terms.
(3) The ownership of all property, both real and personal, held and owned by theoriginating county at the time of consolidation is vested in the consolidating county.
(4) The terms of all county officers in the originating county terminate and cease on theday the consolidation takes effect, and those officers shall immediately deliver to thecorresponding officers of the consolidating county all books, records, and papers of theoriginating county.
(5) Any person who is confined under lawful commitment in the county jail of theoriginating county, or otherwise lawfully held to answer for alleged violation of any of thecriminal laws of this state, shall be immediately delivered to the sheriff of the consolidatingcounty, and such person shall be confined in its county jail for the unexpired term of the sentenceor held as specified in the commitment.
(6) (a) All criminal proceedings pending in the originating county shall be prosecuted tojudgment and execution in the consolidating county.
(b) All offenses committed in the originating county before consolidation that have notbeen prosecuted shall be prosecuted in the consolidating county.
(7) All actions, proceedings, and matters pending in the district court of the originatingcounty may be proceeded with in the district court of the consolidating county.
(8) All indebtedness of the originating county are transferred to and become theindebtedness of the consolidating county with the same effect as if it had been incurred by theconsolidating county.
Renumbered and Amended by Chapter 350, 2009 General Session