12-519

Chapter 12.--CITIES AND MUNICIPALITIES
Article 5.--ADDITIONS, VACATION AND LOT FRONTAGE

      12-519.   Definitions.As used in this act: (a) "Tract" means a single unit of real propertyunder one ownership, outside the corporate limits of a city, which maybe platted or unplatted, title to which is publicly or privately held by anowner as defined by subsection (c).

      (b)   "Land" means a part of a tract or one or more tracts.

      (c)   "Owner" means the one who has record title to a tract. In the eventtwo or more persons have record title to a tract, "owner" shall be defined as follows:

      (1)   If joint tenants, "owner" means a majority of the number of jointtenants; (2) if tenants in common, "owner" means both a majority of thenumber of tenants in common and the holders of a majority of the undividedinterests in the tract; (3) if the tract is held by a life tenant and aremainderman, "owner" means the life tenant; (4) if the tract is held by atenant under a recorded lease providing for a lease term of 10 yearsor longer and a remainderman, "owner" means both such tenant andremainderman; (5) if one holds title to the surface and another holds titleto the minerals, "owner" means the surface title holder.

      (d)   "Adjoins" means to lie upon or touch (1) the city boundary line; or(2) a highway, railway or watercourse which lies upon the city boundaryline and separates such city and the land sought to be annexed by only thewidth of such highway, railway or watercourse.

      (e)   "Platted" means a tract or tracts mapped or drawn to scale, showinga division or divisions thereof, which map or drawing is filed in theoffice of the register of deeds by the owner of such tract.

      (f)   "Land devoted to agricultural use" means land which is devoted tothe production of plants, animals or horticultural products, including butnot limited to: Forages; grains and feed crops; dairy animals and dairyproducts; poultry and poultry products; beef cattle, sheep, swine andhorses; bees and apiary products; trees and forest products; fruits, nutsand berries; vegetables; or nursery, floral, ornamental and greenhouseproducts. Land devoted to agricultural use shall not include those landswhich are used for recreational purposes, suburban residential acreages,rural home sites or farm home sites and yard plots whose primary functionis for residential or recreational purposes even though such properties mayproduce or maintain some of those plants or animals listed in the foregoing definition.

      (g)   "Watercourse" means a natural or manmade course where water mayflow on a regular or intermittent basis; a watercourse shall not include anatural or manmade lake, pond or other impoundment of five or more acres ofsurface area.

      History:   L. 1967, ch 98, § 1; L. 1974, ch. 56, § 1; L. 1987, ch. 66, § 1; April 9.