Section 257.070

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 257

Effective - 28 Aug 1959   

  257.070.  Survey of district made, when — notice, objections, disposition — order of court, appeal. — 1.  If the court finds the petition worthy it shall appoint a surveyor to determine the boundaries of the river basin and such other related boundaries that the court deems necessary for the proper establishment of the proposed district as provided in this chapter.  The surveyor so appointed shall make a report in writing, accompanied by a map of the proposed district upon which the required boundaries shall be clearly delineated.  The report and map shall be filed with the clerk of the court and shall thereafter be taken and considered as a part of the original petition on file in the case.

  2.  Immediately after the filing of the surveyor's report and map, the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of the hearing thereon as fixed by the court.  The notice by publication shall be made in each county which, in all or part, is within or appears to be within the proposed district.  The notice shall refer all persons and public corporations concerned in the proceeding to the report and map of the proposed district for the lines bounding the property proposed to be included within the district.

  3.  Any owner of property in the proposed district who individually may not have signed a petition or who has finally withdrawn his name therefrom in writing and in open court, and who wishes to object to the organization of the district shall, on or before the date set for the cause to be heard, file his objections in writing why the district should not be organized.  The objections shall be heard by the court as an advanced case without unnecessary delay.

  4.  If, at any time after the surveyor's report and map are filed and before the hearing is concluded, the court finds a deficiency in the number of required petitioners from any county within or partly within the proposed district, it shall allow the petitioners to correct such deficiency.

  5.  Upon the hearing

  (1)  If it appears that the purpose of this chapter would be subserved by the creation of a river basin conservancy district, the court shall, after disposing of all questions and objections as justice and equity require, including changes or adjustments in the proposed boundary of the district, adjudicate all questions of jurisdiction, declare the district organized for the purposes of a referendum, give it a name by which it shall thereafter be known, and issue the necessary orders for a referendum and first board election as provided for herein.

  (2)  If the court finds the jurisdiction to be in another county and another court, the proceedings shall be transferred forthwith by the court to the proper jurisdiction and shall progress as though initiated originally in the new jurisdiction.  Upon such an order of transfer the transferring court shall cause notice by publication to be made of the order.

  6.  If the court finds that the area described in the petition should not be organized as a district, it shall dismiss the proceedings and adjudge the costs against the signers of the petition.

  7.  Any party to the proceeding may within the term of court during which the petition was dismissed or granted, or within twenty days after the dismissal or grant of the petition, appeal from an order refusing to organize or organizing the district, to the supreme court of the state, upon giving bond in a sum sufficient to secure the costs of the appeal, whereupon the supreme court shall give the appeal priority on its docket.

­­--------

(L. 1959 S.B. 199 § 7)