2005 Idaho Code - 22-2725 — DISCONTINUANCE OF DISTRICTS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2725.  DISCONTINUANCE OF DISTRICTS. At any time after five (5) years
after the organization of a district under the provisions of this chapter, any
twenty-five (25) owners of land lying within the boundaries of such district
may file a petition with the state soil conservation commission praying that
the operations of the district be terminated and the existence of the district
discontinued. The commission may conduct such public meetings, and public
hearings upon such petition as may be necessary to assist it in the
consideration thereof. Within sixty (60) days after such petition has been
received by the commission it shall give due notice of the holding of an
election, subject to the provisions of section 34-106, Idaho Code, and shall
supervise the election, and issue appropriate regulations governing such
election as are consistent with chapter 14, title 34, Idaho Code, the question
to be submitted by ballots upon which the words "For terminating the existence
of the .... (name of the soil conservation district to be here inserted)"
shall appear, with a square before each proposition and a direction to insert
an X mark in the square before one or the other of said propositions as the
voter may favor or oppose discontinuance of such district. All qualified
electors who own land or reside within the proposed district shall be eligible
to vote in said election. No informalities in the conduct of the election or
in any matters relating thereto shall invalidate the election or the result
thereof if notice thereof shall have been given substantially as herein
provided and the election shall have been fairly conducted.
    The commission shall publish the result of the election and shall
thereafter consider and determine whether the continued operation of the
district within the defined boundaries is administratively practicable and
feasible. If the commission shall determine that the continued operation of
such district is administratively practicable and feasible, it shall record
such determination and deny this petition. If the commission shall determine
that the continued operation of such district is not administratively
practicable and feasible, it shall record such determination and shall certify
such determination to the supervisors of the district. In making such
determination the commission shall give due regard and weight to the attitudes
of the owners of lands lying within the district, the number of landowners
eligible to vote in the election who shall have voted, the proportion of the
votes cast in the election in favor of the discontinuance of the district to
the total number of votes cast, the approximate wealth and income of the
landowners of the district, the probable expense of carrying on such
erosion-control operations within such district, and such other economic and
social factors as may be relevant to such determination, having due regard to
the legislative findings set forth in section 22-2716, Idaho Code, provided,
however, that the commission shall not have authority to determine that the
continued operation of the district is administratively practicable and
feasible unless at least a majority of the votes cast in the election shall
have been cast in favor of the continuance of such district.
    Upon receipt from the state soil conservation commission of a certificate
that the commission has determined that the continued operation of the
district is not administratively practicable and feasible, pursuant to the
provisions of this section, the supervisors shall forthwith proceed to
terminate the affairs of the district. The supervisors shall dispose of all
property belonging to the district at public auction and shall pay over the
proceeds of such sale to be covered into the state treasury. The supervisors
shall thereupon file an application duly verified, with the secretary of state
for the discontinuance of such district, and shall transmit with such
application the certificate of the state soil conservation commission setting
forth the determination of the commission that the continued operation of such
district is not administratively practicable and feasible. The application
shall recite that the property of the district has been disposed of and the
proceeds paid over as in this section provided, and shall set forth a full
accounting of such properties and proceeds of the sale. The secretary of state
shall issue to the supervisors a certificate of dissolution and shall record
such certificate in an appropriate book of record in his office.
    Upon issuance of a certificate of dissolution under the provisions of this
section, all contracts theretofore entered into, to which the district or
supervisors are parties, shall remain in force and effect for the period
provided in such contracts. The state soil conservation commission shall be
substituted for the district or supervisors as party to such contracts.
    The state soil conservation commission shall not entertain petitions for
the discontinuance of any district nor conduct elections upon such petitions
nor make determinations pursuant to such petitions in accordance with the
provisions of this chapter, more often than once in five (5) years.