§ 11-2-101. Incorporation of a municipality.

A.  Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3-101 through 3-107 of this title.  If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may become incorporated as a city in the manner provided in Sections 4-101 through 4-107 of this title.

B.  Any community which has operated as an incorporated municipality for twenty-five (25) years or more but which does not have any evidence of its articles of incorporation shall be presumed to have incorporated as the statutory form of municipal government under which it has operated.  Such community may file with the Secretary of State any historical evidence of its incorporation. Notice of said filing shall be published one time.  If no action challenging the presumption of incorporation is brought within sixty (60) days after publication of the notice of filing, the presumption of incorporation shall be conclusive.

Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.