Section 73-6-43 – [Commissioners; powers.]
The commissioners appointed as aforesaid and their successors in office shall from the entry of such order of confirmation, constitute the corporate authority of said drainage district, and shall exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work. […]
Section 73-6-44 – [Conditions precedent to formation of drainage district.]
All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate. History: Laws 1912, ch. 84, § 38; Code 1915, § 1914; C.S. 1929, § 40-144; 1941 Comp., § 77-1844; 1953 Comp., […]
Section 73-6-37 – [Commissioners; report; remonstrance.]
Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least five days before the day fixed for hearing and shall set forth the facts upon which they are based. History: Laws 1912, ch. 84, § 31; […]
Section 73-6-38 – [Lands added to; notice to owners.]
When lands are added to the district the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition. History: Laws 1912, ch. 84, § 32; Code 1915, § 1908; C.S. 1929, § 40-138; 1941 Comp., § 77-1838; 1953 Comp., § 75-19-38. ANNOTATIONS Bracketed material. — The […]
Section 73-6-39 – [Commissioners report; trial; judgment; costs.]
All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and […]
Section 73-6-40 – [Commissioners report; trial; findings; confirmation.]
But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the agricultural interests will be promoted thereby, and no remonstrance thereto is filed, or if on the trial of the issues made on said report […]
Section 73-6-41 – [Commissioners report; findings final; appeal to Supreme Court.]
Such findings and order shall be final and conclusive unless appealed from, to the supreme court within thirty days after filing thereof. History: Laws 1912, ch. 84, § 35; Code 1915, § 1911; C.S. 1929, § 40-141; 1941 Comp., § 77-1841; 1953 Comp., § 75-19-41. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]
Section 73-6-42 – [Name; boundaries; corporation; powers.]
Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be, and is thereby declared to be organized as a drainage district by the name mentioned in said petition, or such other name as the court shall fix, with the boundaries fixed by the order confirming the report […]
Section 73-6-27 – [Commissioners; vacancies.]
Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold [office] for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vacant. History: Laws 1912, ch. 84, § […]
Section 73-6-28 – [Commissioners; accounts; records; vouchers.]
The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge, and of all payments made by them, and shall take vouchers for such payments and shall keep full, accurate and true minutes of all their proceedings. History: Laws 1912, ch. 84, § 22; Code 1915, § […]