§ 41-9-116 — District commissioners; number; appointment; preliminary bond; qualifications; petition for election; election decree; election procedures; modification of decree

If it shall appear that the petition has so been signed, the
court or judge shall so find, and order any necessary amendments
thereto, and shall appoint three (3) suitable, competent persons
as commissioners, and fix their preliminary bond. If the
district is situated in two (2) or more counties, not more than
two (2) of said commissioners shall reside in any one (1) of
said counties. Ownership of land within the district shall not
disqualify a person from acting as a commissioner. Provided,
however, after the appointment of the first board of
commissioners a majority of the owners of land within said
district who own one-third in area of the lands within said
district, shall petition the court asking that the commissioners
of said district be elected by vote of the owners of land
assessed in said district, the court shall make and enter an
order fixing the time of the annual election for said district,
prescribing the manner of giving notice of such election, and
the manner in which such election shall be conducted, and may
provide for cumulative voting; said order may provide for the
election of one (1) commissioner for one (1) year and two (2)
commissioners for two (2) years at the first election,
succeeding commissioners to be elected for two (2) years; at
such election every person, company or corporation owning land
assessed for benefits within such district shall be entitled at
such election to cast one (1) vote for each acre of land, or
fraction thereof, owned by such person, company or corporation
within said district and assessed for benefits therein; such
order shall provide for voting by proxy, and such order may be
modified from time to time upon petition as herein provided for
the election of commissioners, and upon like petition such order
may be revoked and thereafter such commissioners shall be
appointed by the court.