§ 539.567 — Confirmation proceedings: Confirmation of apportionment; corrections by court; final judgment; costs

Nevada § 539.567

• Jurisdiction: Nevada
• Title 48: WATER
• Ch. 539: Irrigation

Text

1. Upon the hearing of the petition, the court shall examine all the proceedings sought to be confirmed and may ratify, approve and confirm the same or any part thereof; and when an apportionment of benefits is examined all objections thereto, including those made at the hearing before the board, shall be set up in the answer and heard by the court.
2. The court shall disregard every error, irregularity or omission which does not affect the substantial rights of any party, and if the court shall find that the apportionment is, as to any substantial matter, erroneous or unjust, the same shall not be returned to the board, but the court shall proceed to correct the same so as to conform to this chapter and the rights of all parties in the premises, and the final judgment may approve and confirm such proceedings in whole or in part.
3. A certified copy of the final judgment shall be filed in the office of the State Engineer and in the office of the county recorder of the county or counties in which any of the lands within the district are situated.
4. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district may again undertake proceedings for the issuance of bonds and have the same confirmed as herein provided.
5. The cost of the proceedings in court may be allowed and apportioned among the parties thereto in the discretion of the court.

Legislative History

[20:64:1919; A 1921, 118 ; NCL § 8031]