Request for exclusion.

A. The governing body may exclude territory from a proposed infrastructure development zone prior to approval of the service plan. Any person owning property in the proposed infrastructure development zone who requests that the person's property be excluded from the infrastructure development zone prior to approval of the service plan shall submit the request to the governing body no later than ten days prior to the hearing held pursuant to Section 4 [5-17-4 NMSA 1978] of the Infrastructure Development Zone Act. The petitioners who submitted the service plan shall have the burden of proving that the exclusion of the property is not in the best interests of the proposed infrastructure development zone. Any request for exclusion shall be acted upon before final action of the governing body pursuant to Section 7 [5-17-7 NMSA 1978] of the Infrastructure Development Zone Act. B. The governing board shall exclude property located within any home rule municipality in respect to which a request for exclusion has been filed by the municipality.