May the incorporated limits of a fourth class town be included in a weed district?
It is our conclusion that a petition for the formation of a weed district should list the boundaries of all lands to be excluded therefrom, but not necessarily by legal description. We further conclude that the incorporated limits of a town should not be included within the limits of a weed district. ANALYSIS (1) Rem. Rev. Stat., ยง 2771, Supp., relates to the establishment of a weed district and its boundaries. It reads: [[Orig. Op. Page 2]] “The boards of county commissioners of the respective counties may create a weed district or districts within their counties and enlarge any district, or reduce any district or create or combine or consolidate the districts, or divide or create new districts, from time to time, in the manner hereinafter provided, for the purpose of destroying, preventing and exterminating, or to prevent the introduction, propagation, cultivation or increase of, any particular weed, weeds or plants, or all weeds or plants, including Scotch broom, which are now or ma