§ 15-1915 — Proceedings for formation of district

New York § 15-1915

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 19: Drainage
• Art. 15: Water Resources

Text

§ 15-1915. Proceedings for formation of district.\n 1. At the hearing the department shall hear all persons affected by\nthe formation of the proposed district. The department may change the\ntentative boundaries of the proposed district, but in that case a new\nhearing shall be held thereon after due notice thereof.\n 2. After the final hearing the department shall determine whether or\nnot the tentative boundaries as described include all the lands which\nshould be included in the district and exclude as far as is reasonably\npossible all lands which will not be benefited by drainage; whether or\nnot the lands included therein will be made more productive by drainage,\nthe public health, safety or welfare will be benefited thereby and it\nwill be to the public interest to form the drainage improvement district\nand carry out further proceedings for final fixation of boundaries or\nwhether the application should be rejected. It shall embody such\ndetermination and disposition of the case in a written order, which\nshall be filed and notice of such filing given.\n 3. If the decision is favorable, such order shall declare the district\nto be formed and shall direct the making of surveys and the taking of\nthe remainder of the proceedings for final fixation of boundaries for\nthe district all as provided by sections 15-1917 to 15-1927, inclusive.\nThereupon the order may be reviewed as provided by section 15-0905, and\nin due course shall be recorded.\n 4. The district shall be held to have been formed on the date of such\norder, but such formation shall not be effective until such order, as\nmade or modified on review, shall have been recorded.\n