§ 14-27-8-10 — Petition to establish district; court proceedings

(a) Upon the hearing of a petition filed under
section 4 of this chapter, an owner of real property within the proposed
district may appear and contest the necessity for or utility of the
establishment of the district.
(b) The court shall determine the following:
(1) Whether the petition is signed by twenty percent (20%) of the
landowners in the proposed district.
(2) Whether the landowners represent at least twenty percent
(20%) of the land in acreage included in the proposed district.
(c) If the court after hearing the evidence finds that a petition has
not been signed as required by this chapter, the court shall dismiss the
petition at the cost of the petitioners.
(d) If the court finds that:
(1) a petition has been signed by twenty percent (20%) of the
owners of land within the proposed district; and
(2) the signers own at least twenty percent (20%) of the land in
acreage;
the finding shall be entered of record and is conclusive upon all
landowners owning land within the district who have been notified as
required by this chapter.
(e) If it further appears to the court that:
(1) the establishment of the proposed district is necessary; or
(2) the district will be useful and a public utility;
the court shall adjudge the district established unless a remonstrance
objecting to the establishment has been filed with the clerk of the court.
(f) A remonstrance filed under subsection (e) must contain the
names of the following:
(1) Owners of at least two-thirds (2/3) of the acreage described
within the proposed district.
(2) Owners of land abutting on at least fifty-one percent (51%) of
the length of the ditch.
(g) The court shall give the district a distinguishing name.
[Pre-1995 Recodification Citation: 13-2-21-4(a), (b), (c)
part.]

Legislative History

As added by P.L.1-1995, SEC.20.