1. (a) A petition against the establishment of a district may be presented to the court:

   1. (1) at the hearing on a petition; or
   2. (2) at any time thereafter before the fifth day before the hearing day initially ordered by the court after the receipt of the commission's report.

2. (b) If the court finds a petition against the establishment of a district contains the signatures of:

   1. (1) at least fifty-one percent (51%) of the freeholders in the proposed district; or

   2. (2) the freeholders who own at least sixty-six and two-thirds percent (66 2/3%) as determined by the assessed valuation of the real property in the proposed district;

      the court shall dismiss the petition for the establishment of the district.

3. (c) Sections 3 and 6 of this chapter apply to this section.

4. (d) The fifth day before the hearing date initially ordered by the court after the receipt of the commission's report is the last date on which a petition to withdraw signatures may be filed.

   [Pre-1995 Recodification Citation: 13-3-3-20.]

As added by P.L.1-1995, SEC.26.