§ 85-8-115 — Insufficient Service

85-8-115 . Insufficient service. (1) If it is found, before the hearing on a petition for the organization of a drainage district, that one or more owners of land in the proposed district have not been served with notice of hearing on the petition, the court or presiding judge does not lose jurisdiction. The court or presiding judge in that case shall adjourn the hearing, make an order directing the serving of the notice upon the landowner or landowners, and fix the time and manner of service of the notice, which must notify the landowner or landowners to appear at the adjourned time and place and be heard on the petition.
(2) The notice must be served personally or by leaving the notice at the last usual place of residence of the unserved owners as provided in 85-8-111 , not less than 8 days before the adjourned hearing, or must be published, not less than 14 days before the adjourned hearing, in some newspaper published in the county in which the owners' lands lie or, if a newspaper is not published in that county, then in some newspaper published in an adjoining county.

Legislative History

En. Secs. 8, 9, Ch. 129, L. 1921; re-en. Secs. 7272, 7273, R.C.M. 1921; re-en. Secs. 7272, 7273, R.C.M. 1935; R.C.M. 1947, 89-2209, 89-2210; amd. Sec. 2803, Ch. 56, L. 2009.