§ 8-402. Appointment of supervisors to governing body; disposal of district property

   (a) Appointment of supervisors to governing body. -- If the Committee determines that the division or combination, or both, is feasible in its entirety, it shall appoint as the governing body for each district resulting from the proposed division or combination, or both, four supervisors and the county governing body shall appoint one supervisor. The appointments shall be made in accordance with the provisions of § 8-302 of this title. Any existing supervisor is eligible to be appointed as a new supervisor.

(b) Certification to supervisors. -- The Committee shall certify to the new supervisors, and to the supervisors of each existing district to be divided or combined, or both, (1) the determination of the Committee concerning the administrative feasibility of the division or combination, or both; (2) the boundaries of the proposed districts; (3) the names, addresses, and positions of the supervisors appointed for each new district; and (4) other data it deems appropriate.

(c) Disposal of property of district to be divided -- By supervisors. -- The supervisors of any existing district to be divided shall decide the proportion and manner of dividing its property, assets, and rights, except executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of land occupiers of each division, and general considerations of fairness in making the allocation. The supervisors shall notify the Committee and the new supervisors who are to receive any property, rights, or assets of their decision. The property, assets, or rights shall be divided and transferred accordingly.

(d) Disposal of property of district to be divided -- By Committee. -- If the supervisors of a district to be divided are unable to agree on the division of the property, assets, and rights within 60 days after the certification of determination from the Committee, they shall notify the Committee. After a hearing of the supervisors and any other person within the district whom the Committee judges to be reasonably entitled to be heard, the Committee shall determine finally the proportions and manner of the division and shall certify its decision to the supervisors, who immediately shall proceed to divide the property, assets, and rights, accordingly.

(e) Transfer of property to combined district. -- If the district is to be combined and not divided, the supervisor shall transfer the assets, property, and rights of the district to the new supervisors of the combined district of which it will comprise a part.

HISTORY: An. Code 1957, art. 66, § 102; 1973, 1st Sp. Sess., ch. 6, § 1; 2007, ch. 5, § 7.