3 AAC 110.545 - Withdrawal of petition

(a) A petitioner may withdraw the petition at any time before the first mailing, publishing, or posting of notice of the commission's hearing on the petition under 3 AAC 110.550. The original and five copies of the withdrawal must be filed with the department.

(b) A petitioner may not withdraw the petition after the first mailing, publishing, or posting of notice of the commission's hearing on the petition except upon a clear showing to the commission that the public interest of the state and the persons within or near the boundaries of the proposed change is best served by allowing the proposed withdrawal.

(c) If voters initiated the petition, a statement withdrawing a petition must contain the dated signatures of at least 30 percent of the voters residing within the boundaries of the proposed change and must include at least a majority of the same voters who signed the original petition.

(d) If the petition was submitted by a municipality under AS 29.06.040(c)(4) at the request of all property owners and voters within the boundaries of the proposed change, the petition may be withdrawn only with the approval of the petitioning municipality.

(e) If the petitioning municipality declines to withdraw the petition,

(1) the consent of a property owner or voter to the filing of the petition is binding on any subsequent purchaser of the property if the property is purchased before the boundary change is approved; and

(2) the municipality and the state are not responsible for ensuring that the subsequent purchaser receives notice of the proposed boundary change before purchase, by recording or otherwise.

Notes

3 AAC 110.545

Eff. 1/9/2008, Register 185

Authority: Art. X, sec. 1,

AS 29.04.040

AS 29.05.060

AS 29.06.040

AS 29.06.090

AS 29.06.100

AS 29.06.450

AS 29.06.460

AS 44.33.812

AS 44.33.814

Ak Const.

Art. X, sec. 3,

Ak Const.

Art. X, sec. 7,

Ak Const.

Art. X, sec. 12,

Ak Const.

Art. X, sec. 14,

Ak Const.