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, § […]
On the first Tuesday of September of each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times. History: Laws 1912, ch. 84, […]
Said territory need not be contiguous, providing that agricultural interests will be promoted by such drainage of each part thereof, and the benefits of the proposed work in each part will exceed the damages from and cost of said proposed work in each part; and provided, further, that the court shall be satisfied that said […]
They shall receive for their services such compensation as the court or presiding judge thereof may determine. They shall also receive their actual reasonable expenses. History: Laws 1912, ch. 84, § 24; Code 1915, § 1900; C.S. 1929, § 40-130; 1941 Comp., § 77-1830; 1953 Comp., § 75-19-30. ANNOTATIONS Bracketed material. — The bracketed material […]
They shall at all times be under the control and direction of the court or presiding judge, and shall obey its or his directions; failure [failing] so to do they shall forfeit their compensation and be dealt with summarily as for contempt. History: Laws 1912, ch. 84, § 25; Code 1915, § 1901; C.S. 1929, […]
Suit may also be brought upon their bonds, in the name of the state and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require. History: Laws 1912, ch. 84, § 26; Code 1915, § 1902; C.S. 1929, § 40-132; 1941 Comp., § 77-1832; […]
Within ten days after said commissioner [commissioners] shall be elected and qualified they shall meet and organize by electing one of their number president and one secretary, and as soon as may be thereafter, they shall personally examine the lands in said district and make a preliminary report to the court, which report shall state: […]
If said proposed work as in the petition described, is not best suited to carry out the purposes of the petition the commissioners shall consider and base their report upon some other plan best suited to carry out those purposes and propose to the court the plan by them recommended. History: Laws 1912, ch. 84, […]
Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than thirty days from the filing of said report. Notice of the time and […]
Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try and determine all issues arising upon said report. History: Laws 1912, ch. 84, § 30; Code 1915, § 1906; C.S. 1929, § 40-136; 1941 Comp., § 77-1836; 1953 Comp., § 75-19-36. […]
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; […]
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 […]
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 […]
On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty days’ notice of the filings of such petition to be given: A. […]
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 […]
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 […]
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 […]
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. […]
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., […]
If any of the owners or reputed owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if such are unknown, shall state that […]
