§ 14-320-106 — Petition - Notice, hearing, and appeal

(a) The circuit clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the counties within which the lands of the proposed district are situated, calling upon all persons owning property therein to appear before the court on the day and date fixed by the court to show cause in favor of or against the establishment of the district. (b) At the time named in the notice, the circuit court, or the judge thereof in vacation, shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If it is deemed to the best interest of the owners of real property within the district that the district shall be created under the terms of this chapter, the court shall enter an order of record establishing the real property as an interstate bridge district which shall be subject to all the terms and provisions of this chapter. (c) If upon the hearing provided for in subsection (b) of this section petitions are presented to the circuit court signed by a majority, either in number or in value, of the owners of real property within the proposed district praying that the improvement be made, it shall thereupon be the duty of the circuit court to make an order establishing the district without further inquiry. If no such petitions are filed, it shall be the duty of the circuit court to investigate as provided in the preceding section and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein. (d) Any landowner feeling himself aggrieved by the order of the court shall have the right of appeal within thirty (30) days from the date the order was entered.

Legislative History

Acts 1951, No. 381, §§ 1, 2; A.S.A. 1947, §§ 76-2001, 76-2002.