§ 11-2-107. Effect of incorporation - Filing - Judicial notice - Challenges.

The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3-105, 4-105 and 5-104 of this title or issued by the town board of trustees as provided in Section 4-103 of this title, shall be recorded in the office of the county clerk in the county in which the situs of the municipality is located and filed in the office of the Secretary of State and in the archives of the municipality.  The order shall be conclusive evidence of incorporation in all suits by or against the municipality and shall be judicially noticed in all court proceedings without specifically pleading or alleging incorporation.  Anyone wishing to challenge the formation, incorporation or organization of an incorporated municipality must bring action in the district court in the county in which the situs of the municipality is located within sixty (60) days after the date of the order declaring incorporation.

Laws 1977, c. 256, § 2-107, eff. July 1, 1978.