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Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 247

previous next Effective - 28 Aug 1976bottom

  247.520.  Boundaries of district, how changed. — 1.  The boundaries of any district organized under the provisions of sections 247.230 to 247.670 may be changed in the manner herein prescribed; but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever, nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any change of boundaries not been made.

  2.   The owners of real property in a county contiguous with a metropolitan water supply district organized under sections 247.230 to 247.670 may file with a board a petition in writing praying that such real property be included within the district.  The petition shall describe the property owned by the petitioners, and shall be deemed to give assent of the petitioners, to the inclusion in said district of the property described in the petition; and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.

  3.   The secretary of the board shall cause notice of the filing of such petition to be given and published in the county in which the property is located, which notice shall recite the filing of such petition, the names of the petitioners, the description of the lands sought to be included and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in said notice and show cause in writing why the petition should not be granted.

  4.   The board shall at the time and place mentioned, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented in writing by any person showing cause why said petition should not be granted.  The failure of any person interested to show cause in writing why said petition shall not be granted shall be deemed as an assent on his part to the inclusion of said lands in the district.

  5.   If the petition is granted, the board shall make an order to that effect and file the same with the circuit clerk; and upon the order of the court having jurisdiction over the district, said property shall be included in the district, and thereafter a copy of the order of the board and the order of the court shall be filed with the county clerk and recorder.  The circuit court having jurisdiction over the district shall proceed to make any such order including such additional property within the district as is provided in the order of the board, unless the court shall find that such order of the board was not authorized by law or that such order of the board was not supported by competent and substantial evidence.

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(L. 1949 p. 350 § 29, A.L. 1976 H.B. 1386)


---- end of effective   28 Aug 1976 ----

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