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Title XIV ROADS AND WATERWAYS

Chapter 238

previous next Effective - 28 Aug 2008bottom

  238.210.  Hearing, how conducted — opposition to district, how filed — appeals, how. — 1.  Within thirty days after the petition is filed, the circuit court clerk shall serve a copy of the petition on the respondents who shall have thirty days after receipt of service to file an answer stating agreement with or opposition to the creation of the district.  If any respondent files its answer opposing the creation of the district, it shall recite legal reasons why the petition is defective, why the proposed district is illegal or unconstitutional, or why the proposed method for funding the district is illegal or unconstitutional.  The respondent shall ask the court for a declaratory judgment respecting these issues.  The answer of each respondent shall be served on each petitioner and every other respondent named in the petition.  Any resident, taxpayer, any other entity, or any local transportation authority within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a declaratory judgment respecting these same issues within thirty days after the date notice is last published by the circuit clerk.

  2.  The court shall hear the case without a jury.  If the court shall thereafter determine the petition is defective or the proposed district is illegal or unconstitutional, or shall be an undue burden on any owner of property within the district or is unjust and unreasonable, it shall enter its declaratory judgment to that effect and shall refuse to make the certifications requested in the pleadings.  If the court determines that any proposed funding method is illegal or unconstitutional, it shall enter its judgment striking that funding method in whole or part.  If the court determines the petition is not legally defective and the proposed district and method of funding are neither illegal nor unconstitutional, the court shall enter its judgment to that effect.  If the petition was filed by registered voters or by a governing body, the court shall then certify the questions regarding district creation, project development, and proposed funding for voter approval.  If the petition was filed by a governing body, or by no less than fifty registered voters of two or more counties, pursuant to subsection 5 of section 238.207, the court shall then certify the single question regarding district creation, project development, and proposed funding for voter approval.  If the petition was filed by the owners of record of all of the real property located within the proposed district, the court shall declare the district organized and certify the funding methods stated in the petition for qualified voter approval; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230.  In either case, if no objections to the petition are timely filed, the court may make such certifications based upon the pleadings before it without any hearing.

  3.  Any party having filed an answer or petition may appeal the circuit court's order or declaratory judgment in the same manner provided for other appeals.  The circuit court shall have continuing jurisdiction to enter such orders as are required for the administration of the district after its formation.

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(L. 1990 S.B. 479 & 649 § 39, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668, A.L. 2008 S.B. 930 & 947)


---- end of effective   28 Aug 2008 ----

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