9-471.03. Return of certain land to county; procedures

A. Notwithstanding any other law, territory may be deannexed, severed and returned to the county by a city or town if the territory is a county owned park, a park operated on public lands by a county as part of a management agreement or land owned by a flood control district.

B. Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county.

C. The governing body of a city or town that intends to return the territory or public right-of-way to a county shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the deannexation and return of the territory or public right-of-way contingent on the fulfillment of the conditions of this section.

D. The board of supervisors that intends to receive the territory or public right-of-way shall set a public hearing to determine if the public interest is served. The determination must include an analysis of the impacts of the requested deannexation.

E. If the board of supervisors that intends to receive the territory or public right-of-way determines that the public interest is served by receiving the territory or public right-of-way, the board of supervisors shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the return of the territory or public right-of-way contingent on fulfillment of the conditions of this section.

F. The board of supervisors shall set a public hearing not less than thirty nor more than sixty days after the date the ordinance is filed. The board of supervisors shall notify by certified mail each owner of real property subject to taxation adjacent to the territory or public right-of-way that is proposed to be deannexed at least twenty days before the hearing. On the holding of the public hearing, the board of supervisors may order that the territory or public right-of-way be returned as specified in the ordinance authorized by the city or town.