Section 41-9-112 – Hearings; Procedure Generally.
41-9-112. Hearings; procedure generally. The court shall hear and determine whether or not the petition contains the signatures of a majority of the adult owners of lands within the said proposed district who are of lawful age, and who represent one-third in area of the lands proposed to be affected by said work, or the […]
Section 41-9-113 – Hearings; Affidavits of Petitioners as Evidence.
41-9-113. Hearings; affidavits of petitioners as evidence. The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of adult owners of lands in said district, to […]
Section 41-9-114 – Hearings; Dismissal of Defective Petition.
41-9-114. Hearings; dismissal of defective petition. If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that the same has not been signed as herein required, the said petition shall be dismissed at the cost of the petitioners, and […]
Section 41-9-115 – Fraudulent Conveyances to Defeat or Establish Petition.
41-9-115. Fraudulent conveyances to defeat or establish petition. All deeds made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration, shall be taken and held to be a fraud and the holders thereof shall not be considered as the owners of […]
Section 41-9-116 – District Commissioners; Number; Appointment; Preliminary Bond; Qualifications; Petition for Election; Election Decree; Election Procedures; Modification of Decree.
41-9-116. District commissioners; number; appointment; preliminary bond; qualifications; petition for election; election decree; election procedures; modification of decree. If it shall appear that the petition has so been signed, the court or judge shall so find, and order any necessary amendments thereto, and shall appoint three (3) suitable, competent persons as commissioners, and fix their […]
Section 41-9-105 – Notice of Hearing; Nonresidents.
41-9-105. Notice of hearing; nonresidents. If any of the 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 address of such nonresidents, if such are known, and if unknown shall state that, […]
Section 41-9-106 – Notice of Hearing; Proof of Service.
41-9-106. Notice of hearing; proof of service. The certificate of the clerk of the court or other public officer, or the affidavit of any other person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing or publication thereof.
Section 41-9-107 – Notice of Hearing; Effect of Personal Service.
41-9-107. Notice of hearing; effect of personal service. Personal service of said notice on (or service by leaving at the last usual place of abode of) all owners of lands or easements or interest in lands within said district, shall give the court complete jurisdiction, without posting, publication or mailing of said notice.
Section 41-9-108 – Notice of Hearing; Adjournment of Hearings When Notice Not Fully Served.
41-9-108. Notice of hearing; adjournment of hearings when notice not fully served. If it shall be found, before the hearing on a petition for the organization of a drainage district, that one (1) or more owners of land in said district have not been duly served with notice of hearing on said petition, the court, […]
Section 41-9-109 – Notice of Hearing; Service After Adjournment.
41-9-109. Notice of hearing; service after adjournment. Said notice shall be served personally or by leaving at the last usual place of abode of said unserved owners, as in W.S. 41-9-104; provided, not less than eight (8) days before said adjourned hearing, or published not less than fourteen (14) days before said adjourned hearing, in […]