§ 8-401. Procedure to divide or combine districts

   (a) Petition to divide or combine. -- Any district or districts continued in accordance with the provisions of this title may be divided or combined, or divided and combined with any other district or districts. At least 25 land occupiers of any district affected by a proposed division or combination, or both, shall sign and file with the Committee a petition requesting that any district and its operations be divided or combined, or both, in the manner requested. The Committee shall prescribe the form of the petition.

(b) Hearings; definition of proposed boundaries. -- The Committee may conduct public meetings and public hearings on the petition as necessary to assist it in the consideration of the petition. The Committee may define in more detail the boundaries outlined in the petition for any district proposed to result from the division or combination, or both.

(c) Notice of referendum; conduct; eligibility to vote. -- Within 60 days after the petition has been filed with the Committee, the Committee shall give due notice of the holding of a referendum, supervise and conduct the referendum, and issue appropriate rules and regulations governing its conduct. Only land occupiers within any district to be affected may vote. The Committee shall make provision on the referendum for each land occupier to vote (1) on whether he approves of any proposed division of the district in which his land is located, and (2) on whether he approves of the proposed new district in which his land will be located under any proposed combination.

(d) Referendum not invalidated by informality. -- No informality in the conduct of the referendum or in any matter relating to it invalidates the referendum or its results, if notice has been given substantially in accordance with this section and the referendum has been fairly conducted.

(e) Publication of results of referendum; factors to be considered in determining feasibility of division or combination. -- The Committee shall publish the results of the referendum and then shall determine whether the requested division or combination, or both, is administratively feasible. In making this determination the Committee shall give due regard and weight to the following factors:

   (1) The attitudes of land occupiers within the defined boundaries of the districts to be affected;

   (2) The number of land occupiers who voted in the referendum;

   (3) The proportion of the votes cast in the referendum in favor of the division or combination, or both, of any district to the total number of votes cast;

   (4) The approximate wealth and income of the land occupiers of the proposed new district;

   (5) The probable expense of carrying on erosion control operations within any district; and

   (6) Other economic and social factors relevant to the determination, having due regard to the legislative determinations set forth in § 8-102. However, no district or districts may be divided or combined, or both, if a majority of land occupiers vote against either the particular division or combination which is submitted to their vote.

(f) Recording determination of feasibility. -- If the Committee determines that the division or combination, or both, is not administratively feasible, it shall record the determination and deny the petition. If the Committee determines that the division or combination, or both, is administratively feasible, it shall record the determination and proceed with the division or combination, or both.

HISTORY: An. Code 1957, art. 66C, § 102; 1973, 1st Sp. Sess., ch. 6, § 1; 1974, ch. 149, § 2.