§ 85-7-1805 — Notice Requirements

85-7-1805 . Notice requirements. (1) Upon the filing of a petition, the district court shall fix the time and place of hearing on the petition and direct that notice of the petition be given.
(2) The petitioner shall cause to be published at least once a week for 2 successive weeks in a newspaper published in the county where the petition is filed a notice stating the time and place of the hearing on the petition that includes a brief statement of the matters set forth in the petition. If any portion of the lands sought to be excluded from the district lie within any other county or counties, then the notice shall be published as provided above in a newspaper published in each county or counties. The first publication of the notice must occur not less than 30 days before the hearing.
(3) If any holder of title or evidence of title to lands sought to be excluded from the district is a nonresident of the county or counties in which the district lies, the petitioner shall within 3 days of the first publication of the notice mail a copy of the notice to each nonresident whose address is stated in the petition. The affidavit of publication as to the facts of the publishing and mailing of the notice affixed to a copy of the notice is sufficient evidence of the facts.

Legislative History

En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part); amd. Sec. 1, Ch. 95, L. 2015.