§ 42-5267 — CHARACTER OF PROCEEDINGS FOR CONFIRMATION

Idaho § 42-5267

• Jurisdiction: Idaho
• Title 42: IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
• Ch. 52: GROUND WATER DISTRICTS

Text

Dissolution proceedings shall be in the nature of a suit to quiet title with respect to so much of the land and/or facilities within the district as is affected by the proposed dissolution. In such proceedings the board shall be the parties plaintiff and the holders of any obligations of the district, including obligations which are or might become liens against any of the lands, are parties defendant. The provisions of section 5-326, Idaho Code, so far as it can be made applicable, shall govern generally the force and effect of the decree; provided, that the petition may be in form against all persons having interest in or claim against the district, without naming them, and the summons, directed in the same way, and setting forth briefly the purposes of the petition, shall be by publication in the first instance or order of the court or a judge thereof and service on all parties interested, whether unknown owners, heirs, devisees, claimants or otherwise, shall be deemed complete at the time prescribed by the order for publication; and, unless answer be made by anyone interested in or making claim against said district default may be entered.

Legislative History

[42-5267, added 1995, ch. 290, sec. 1, p. 1009.]