§ 14-86-402 — Proceedings generally

(a) (1) Ten (10) resident citizens and property owners residing and owning property within any improvement district or road district within any county, city, or town, or within the territory to be intended to be included in the district may file with the clerk of the county court of the county in which the district is situated a petition setting forth the defects or irregularities sought to be corrected. (2) The petitioners shall cause a notice of the filing of the petition and its purposes to be published in a paper of general circulation in the county for three (3) weeks before the petition shall be presented for hearing. (b) Any of the property owners in the district shall have a right to appear and become parties to the petition or to file objections or an answer to protest and resist the granting of the petition. (c) (1) Upon the hearing of the petition and answer or protest, the county court shall have full power and authority to correct any mistake or error in the formation or organization of the district. (2) (A) The order of the county court shall be final and conclusive of the formation and organization of the district and any and all corrections in its formation or attempted formation. (B) (i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court. (ii) The circuit court shall have the power to hear the case de novo and render judgment. (d) When the boundaries of other districts are involved, ten (10) of the resident property owners in the other districts may join in the petition and notice, and the residents of the other districts shall have a right to appear and become parties to the proceedings or to resist them.

Legislative History

Acts 1919, No. 661, § 1; C. & M. Dig., §§ 5636-5640; Acts 1921, No. 503, § 1; Pope's Dig., §§ 7372-7376; A.S.A. 1947, § 20-1101.