TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 14

FIRE PROTECTION DISTRICT

31-1411.  Annexation of territory in same county — Petition — Hearing — Order — Certification to county commissioners — Alternate procedure — Election — Petition to de-annex property from existing district and annex into another district. (1) After the organization of a fire protection district, additional contiguous or noncontiguous territory lying within the same county may be added thereto and shall thereupon and thenceforth be included in such district. Territory that is not contained in an existing fire district, and is not immediately adjoining the boundaries of the fire district into which annexation is sought, may be annexed into the district provided the territory consists of not less than forty (40) contiguous acres. At least seventy-five percent (75%) or more of the owners or contract purchasers of the land sought to be annexed shall petition the fire protection board and request annexation of the territory particularly described in the petition. Upon receipt of a petition to annex, the fire protection board shall hold a hearing not less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of the hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.

(2)  In the event that more than twenty-five percent (25%) of the owners or contract purchasers of the land sought to be annexed do not join in the petition, and the board determines by resolution, entered on the minutes of the board, that the annexation would be in the best interests of the district and that an election on the issue should be held, additional territory may nevertheless be annexed by the affirmative vote of a majority of the qualified electors of the additional territory voting on the question at an election held therefor, which vote may be taken at an election held as provided in section 31-1405, Idaho Code. The same procedure shall be adopted as provided in sections 31-1402 through 31-1406, Idaho Code.

(3)  Any area embraced within the limits of any fire protection district may be de-annexed by such fire protection district and annexed into another fire protection district:

(a)  If owners or contract purchasers of territory located within an existing fire protection district petition to be annexed into another fire protection district, demonstrate that they are likely to receive an improved response to requests for services from the other fire protection district, and obtain written approval of the board of the fire protection district within which the territory is already located. The written approval must be attached to their petition to annex. Upon receipt of a petition to annex, the fire protection board shall hold a hearing no less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of such hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter; or

(b)  With the consent of the governing boards of each fire protection district, expressed by ordinance or resolution of each district. If the boards approve any annexation and corresponding de-annexation of territory, the fire protection district annexing territory shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.

History:

[31-1411, added 1943, ch. 161, sec. 11, p. 324; am. 1959, ch. 139, sec. 1, p. 314; am. 1984, ch. 202, sec. 2, p. 493; am. 1994, ch. 360, sec. 2, p. 1128; am. 1995, ch. 84, sec. 1, p. 248; am. 1995, ch. 118, sec. 29, p. 454; am. 1996, ch. 360, sec. 3, p. 1213; am. 2006, ch. 318, sec. 8, p. 995; am. 2026, ch. 197, sec. 1, p. 852.]