17B-1-411. Modifications to area proposed for annexation -- Limitations.
(1) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30 days after the public hearing under Section, or, if no public hearing is held, within 30 days after the board provides notice under Subsection, modify the area proposed for annexation to include land not previously included in that area or to exclude land from that area if the modification enhances the feasibility of the proposed annexation. 17B-1-409 17B-1-413(2)(a)(i) A modification under Subsection (1)(a) may consist of the exclusion of all the land within an applicable area if: the entire area proposed to be annexed consists of more than that applicable area; sufficient protests under Sectionare filed with respect to that applicable area that an election would have been required under Subsectionif that applicable area were the entire area proposed to be annexed; and 17B-1-412 17B-1-412(3) the other requirements of Subsection (1)(a) are met.
(2) A board of trustees may not add property under Subsection (1) to the area proposed for annexation without the consent of the owner of that property.
(3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may not avoid the requirement for an election under Subsectionif, before the modification, the election was required because of protests filed under Section. 17B-1-412(3) 17B-1-412
(4) If the annexation is proposed by a petition under Subsection, a modification may not be made unless the requirements of Subsectionare met after the modification as to the area proposed to be annexed. 17B-1-403(2)(c) 17B-1-403(2)(c)
(5) If the petition meets the requirements of Subsectionbefore a modification under this section but fails to meet those requirements after modification: 17B-1-413(1) the special district board shall give notice as provided in Sectionand hold a public hearing as provided in Sectionon the proposed annexation; and 17B-1-410 17B-1-409 the petition shall be considered in all respects as one that does not meet the requirements of Subsection. 17B-1-413(1)