Effective – 28 Aug 1959
257.300. Preliminary plan, notice — objections, adoption — objections to official plan, trial by court order — state agency to be informed. — 1. When the preliminary plan is completed by the designated state agency, the board shall cause notice by publication to be given in each county of the district, of the completion of the plan, and shall permit the inspection thereof at their office or at a convenient location in each county by all persons interested. The notice shall fix the time and place for the hearing of all objections to the plan not less than twenty days nor more than thirty days after the last publication of the notice.
2. All objections to the plan shall be in writing and filed with the secretary of the board at his office or at the place of hearing within ten days after the last publication of the notice.
3. After the hearing before the board of trustees, the board shall adopt the plan, or such modification thereof as the board determines, as an official plan of the district, and designate the plan as “Official Plan No. ______”, the number to be the same as that of the preliminary plan from which the official plan originated.
4. If, however, any person or public corporation objects to the official plan, so adopted, then the person or public corporation may, within fifteen days from the adoption of the official plan, file the objections in writing in the office of the clerk of the court by which the district was created, specifying the objectionable features of the plan and setting forth wherein the proposed provisions of the plan are not necessary under the purposes for which the district was created. The court shall then fix a day for the hearing thereof before the court, not less than twenty days nor more than thirty days after the first regular session of court after the time fixed for filing objections, at which time the court shall hear the objections and adopt, amend, reject or refer back the plan to the board of trustees. If the court:
(1) Rejects the plan, the board shall proceed to prepare another plan;
(2) Refers back the plan to the board for amendment, the court shall continue the hearing to a day certain without publication of notice;
(3) Approves the original or amended plan as the official plan of the district, a certified copy of the order of court approving the original or amended plan shall be filed with the secretary of the board of trustees, and by him incorporated into the records of the district as “Official Plan No. ______”.
5. The designated state agency herein referred to shall be kept informed by the secretary of the board of pending proceedings, and action taken, relative to the formulation of an official plan, to the end that the state’s interest may be represented and proper records maintained. A copy of any official plan, or changes made in arriving at the plan, shall be filed forthwith with the agency.
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(L. 1959 S.B. 199 § 30)