§ 14-118-305 — Petition to acquire powers of drainage district - Notice - Hearing - Order - Appeal

(a) The board of commissioners of such an improvement district, by resolution adopted by a majority of the members thereof, may determine that the improvement district should have those rights, powers, and privileges of drainage districts organized under the existing laws of this state and all amendments thereof and specifically under §§ 14-120-601 - 14-120-608 , 14-121-101 - 14-121-105 , 14-121-201 - 14-121-208 , 14-121-301 - 14-121-305 , 14-121-307 - 14-121-314 , 14-121-401 - 14-121-412 , 14-121-420 - 14-121-433 , 14-121-440 - 14-121-443 , 14-121-501 - 14-121-504 , 14-121-602 - 14-121-607 , 14-121-701 - 14-121-706 , 14-121-801 - 14-121-811 , 14-121-1001 - 14-121-1009 , and 14-123-313 , inclusive, and upon the adoption of the resolution may petition the circuit court by order of which the district was created for such powers. (b) Upon the filing of the petition, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the boundaries of the improvement district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court and to show cause in favor of or against the enlargement of powers of the district. (c) At the time named in that notice, the circuit court shall meet and hear all property owners within the district who wish to appear and advocate or resist the enlargement of powers of the district. If the court finds and deems it to be in the best interest of the owners of real property within the district that the powers thereof shall be enlarged as herein provided, it shall make an order upon its records granting to the district the powers herein specified. (d) The order of the circuit court enlarging the powers of the district shall have all the force and effect of a judgment. (e) Any owner of real property within the district may appeal from the judgment within thirty (30) days after the judgment has been made, but if no appeal is taken within that time, the judgment authorizing the enlargement of the powers of the district shall be deemed conclusive and binding upon all of the property within the bounds of the district and upon the owners thereof. Any owner of property in the district or the board of commissioners may within a like manner appeal from an order refusing to enlarge the powers thereof.

Legislative History

Acts 1983, No. 432, § 2; A.S.A. 1947, § 21-1025.