Idaho § 43-1104 - Hearing on petition - Order of exclusion

§ 43-1104. Hearing on petition - Order of exclusion

(1) The board of directors of the irrigation district may conduct its own investigation of the facts alleged in a petition. Within one hundred fifty (150) days of receiving a petition, the board shall adopt a resolution that addresses one (1) or more petitions and:

(a) Accepts the alleged facts and grants the petition or petitions as requested; or

(b) Rejects or otherwise disputes the alleged facts and denies the petition or petitions as requested. In such cases, the resolution shall be accompanied by the board’s reasoned explanation for such decision, and the resolution and explanation shall be physically mailed to the petitioner.

(2)(a) If a petitioner disagrees with the board’s decision, the petitioner may request a hearing before the board to review the decision. Such request must be made in writing by the petitioner within forty-five (45) days of the date the board’s decision was mailed to the petitioner. The board’s adopted resolution shall become a final decision after the forty-five (45) day period has ended.

(b) If a hearing is requested, the board shall:

(i) Set a date for the hearing that is no later than sixty (60) days from the date the board received the petitioner’s written request; and

(ii) Notify the petitioner of the date and time of the hearing.

(c) At the hearing, the petitioner or petitioners shall establish by competent evidence the allegations of the petition, and the chair or presiding member of the board is hereby empowered to administer oaths for the purpose of the hearing.

(d) A hearing shall not be held if the board issues an order excluding the land described in the petition from the district prior to the date of the hearing.

(3) When the board accepts the facts as alleged without a hearing, or when the allegations of the petition are established at a hearing, the board shall make an order forthwith changing the boundaries of such district so as to exclude the lands described in the petition that the proof has established to be entitled to exclusion, and thereafter the lands so excluded shall not form a part of the irrigation district for any purpose except as provided in subsection (b) of section 43-1102 , Idaho Code; provided however, that the lands so ordered excluded shall not be relieved of their obligation to pay their proportionate share of any existing bonded or contract indebtedness of the irrigation district, and the lands shall remain a part of the irrigation district for the purpose of discharging the existing bonded or contract indebtedness.

(4) When land is excluded from the district pursuant to a petition filed on or before December 1 in any calendar year, assessments against the land for any calendar year subsequent to the year in which the petition was filed shall not be valid and no lien for any such attempted assessment shall attach under section 43-706 , Idaho Code. Petitioners are, however, required to pay any outstanding assessments levied the calendar year and prior in which the petition is filed and said lien shall attach until said assessments are paid.

[43-1104, added 1905, p. 220, sec. 3; am. R.C., sec. 2436; am. and designated sec. 2436; 1911, ch. 46, sec. 3, p. 102; reen. C.L., sec. 2435a; C.S., sec. 4424; I.C.A., sec. 42-1103; am. 1971, ch. 254, sec. 2, p. 1028; am. 1978, ch. 312, sec. 4, p. 805; am. 1988, ch. 134, sec. 2, p. 241; am. and redesignated, 1990, ch. 181, sec. 4, p. 389; am. 2017, ch. 94, sec. 2, p. 243; am. 2026, ch. 111, sec. 1, p. 565.]