TITLE 43

IRRIGATION DISTRICTS

CHAPTER 11

EXCLUSION OF LANDS FROM DISTRICT

43-1123.  Resolution — contents. The districts proposing to transfer lands as authorized by section 43-1122, Idaho Code, shall adopt a resolution, either separately or jointly, which shall:

(1)  Identify the excluding district and the annexing district;

(2)  Provide a legal description of each lot or parcel proposed to be transferred;

(3)  Specify the name and address of each person in possession of each such lot or parcel and of each owner thereof as the ownership appears of record in the assessment rolls of the district and of each owner thereof as the ownership appears of record in the office of the county recorder of the county in which the land is situated and of each mortgagee and other lienholder whose mortgage or lien appears of record in the office of the county recorder of the county in which the land is situated;

(4)  Explain the reasons for the transfer including, but not limited to, that the transfer is in the best interests of the owner of the land proposed to be transferred and of the districts;

(5)  Describe the benefits that will be apportioned and provided to the proposed transferred lands by the annexing district;

(6)  Provide a statement of applicable levies by the annexing district in the year prior to the proposed transfer;

(7)  Describe the proposed method of water delivery from the annexing district to the lands proposed to be transferred;

(8)  Identify obligations of the excluding district that will continue to apply to the lands to be transferred;

(9)  State whether the lands proposed to be transferred will be retained within the excluding district for drainage purposes;

(10) Fix the date, time and place for hearing on the proposed transfer, which time shall be not less than twenty-eight (28) days from the date of the adoption of the resolution(s); and

(11) Recite any other information the districts deem to be pertinent to the proposed transfer.

History:

[43-1123, added 2012, ch. 122, sec. 2, p. 339.]