§ 61-07-26 — Powers of court upon trial - Amendment of petition

North Dakota § 61-07-26

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-07: Powers of Irrigation Districts

Text

At the time and place set for the hearing provided for in section 61-07-24, the court shall
find and determine whether the notice of the filing of such petition has been posted and
published. When the court has determined that it has jurisdiction to hear the petition, it shall
proceed with the hearing and shall conduct the same as in the case of a trial of an equity action
without a jury. The court shall examine into and determine the legality and validity of
proceedings for the organization of the district from and including the petition for the
organization thereof, and all matters affecting the legality or validity of proceedings for the
issuance of bonds or improvement warrants, or the making of contracts by the board of
directors, and the levying of assessments. The court shall disregard any error, irregularity, or
omission which does not affect the substantial rights of the parties to such hearing. The court
shall permit the petition to be amended so as to conform to the evidence and facts presented at
such hearing.