Section 123.36. Rejected petitions or resolutions.  


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  • (1) The department shall reject an annexation petition or resolution for territory that includes all or any part of the territory which was described in any annexation petition or resolution filed within the preceding 2 years and that was denied by the department or was defeated in an election.

    (2)          The department shall reject a consolidation petition if a proposition to consolidate the identical municipalities had been voted on within the 2 years immediately preceding the filing of the later petition.

    (3)     Upon this determination, the department shall return the petition or resolution to the petitioner and shall certify the reasons for its rejection.

    (4)         The 2-year period shall start on the day the prior annexation petition or resolution was filed.

    (5)     The 2-year period shall not apply to incorporation, consolidation, or annexation petitions or resolutions that were rejected for not being legally sufficient.

History: 2013 AACS.