Determination of Town Abandonment

     Under current law, a town must fail to hold any regular or special election or elect officers to maintain any town government for a period of at least 5 years before a county or a landowner in the town may apply to the secretary of state (secretary) to determine that the town is abandoned. The bill also allows a registered elector in the town to apply to the secretary to determine that a town is abandoned. In addition, the bill allows for a county, a landowner in the town, or a registered elector in the town to apply to the secretary to determine a town is abandoned when a town has no board of trustees or town clerk, when a town is unable to hold an election, and when a town owns or operates infrastructure critical for the treatment or delivery of water to residents.

     The bill also authorizes the department of public health and environment to transfer up to $100,000 from the small communities water and wastewater grant fund to the department of public safety to cover the cost of operation and maintenance of a town's water system if an application for abandonment of the town has been filed with the secretary and the town has a water system that is failing or is likely to fail.


(Note: This summary applies to this bill as introduced.)